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                                      ACKNOW"LEDGEMENT


                 r
                      e U.S. Army Corps of Engineers and the South Carolina Department
                     of Health and Environmental Control - Office of Ocean and Coastal
                 Resource Management wish to express sincere appreciation to the
                 federal and state agencies identified in this handbook for their continuing
                 cooperation in providing updated information on their agency's policies
                 and perspectives.      The information provided for this "Developer's
                 Handbook" will continue to assist developers in the environmental
                 regulatory process.






                 H. Wayn0eam, Ph. 0.                             CVCilp(hel George @kazel
                 Deputy Commissioner                               Distrldt Engineer
                 S.C. Department of Health and Environmental Control U.S. Army
                 Office of Ocean and Coastal Resource Management  Corps of Engineers










                     .@South Carolina
                     DHEC                                            US Army Corps
                     Demown of ""m wo Effwamw= r-an.                 of Engineers
                                                                     Charleston District









                                                          US Department of commerce
                                                          NOAA Coastal services center Library
                                                          2234 South Hobson Avenue
                                                          Charleston, SC      29405-2413
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                        South Carolina's Developer's Handbook for Freshwater Wetlands
                                                                      Property of CSC Library
                                            REVISED JULY 1995









































































                             South Carolina's Developer's Handbook for Freshwater Wetlands







                                       NOTE TO THE READER



               s a note to the 'reader, it is not unlikely that changes to wetland policy will occur in
           lithe future. If you have any doubt, please call the contacts listed in this publication
           for the most current information.























































                         South Carolina's Developer's Handbook for Freshwater Wetlands







































































                              South Carolina's Developer's Handbook for Freshwater Wetlands







                                                              TABLE OF CONTENTS


          SECTION                                                                                                                                PAGE


                            Preface      ...............................................................................................................v
                 1. THE EVOLUTION OF WETLAND REGULATION                                          ...................................................1
                 11. PERMIT OVERVIEW                    ................................................................................................5
                            Agency Listing         ....................................................................................................8
                 Ill. IDENTIFYING FRESHWATER WETLANDS                                   ............................................................9
                            Purpose       ..............................................................................................................9
                            Definition     ............................................................................................................ 11
                            Freshwater Wetland Characteristics                    ................................................................... 11
                            Delineations        ....................................................................................................... 14
                 IV. THE MAJOR PERMITS AND AUTHORITIES                                     ......................................................... 17
                            U.S. Army Corps of Engineers                  ........................................................................... 17
                            SCDHEC - Division of Water Quality                    .................................................................. 19
                            SCDHEC - Office of Ocean and Coastal Resource Management                                        ......................  26
                            SCDHEC - Section 401 Water Quality Certification                           ...........................................  31
                 V. THE PERMITTING PROCESS                          ................................................................................. 37
                            Activities Requiring Federal Permits                  .................................................................. 37
                            Activities Exempted Under the Clean Water Act                          ................................................ 39
                            Activities Exempted Under the Rivers and Harbors Act                             .....................................  41
                            Processing Procedures               ...................................................................................... 41
                            Grandfather Nationwide Permits                   ........................................................................ 58
                            The Nationwide Permits and Regional Conditions                           .............................................  59
                            Proposed General Permits                ................................................................................. 72
                 VI. POLICIES AND PHILOSOPHIES OF FEDERAL & STATE REVIEW AGENCIES.                                                                  75
                            South Carolina Department of Natural Resources                           .............................................  75
                            U.S. Fish and Wildlife Service               ............................................................................ 78
                            Environmental Protection Agency                   ...................................................................... 80
                            National Marine Fisheries Service                  ...................................................................... 82
                            South Carolina Attorney General                  ........................................................................ 83
                            S.C. Department of Archives and History                     ........................................................... 83
                            S.C. Institute of Archaeology ai@d Anthropology, USC                           .......................................  84
                 VII. MITIGATION             .......................................................................................................... 87
                            Definition     ............................................................................................................ 87
                            Planning Approach            ............................................................................................. 87
                            Deed Restrictions          ............................................................................................... go
                            Mitigation Banking          .............................................................................................. 90
                 VIII. GENERAL GUIDANCE                     .......................................................................................... 95
                            Tips on Minimizing Delays in the Department of the Army Permit Process                                      ........    95
                            Development Do's and Don'ts                  ............................................................................ 96
                 XI. FLOW CHARTS                 ..................................................................................................... 99
                            Individual Permit Process             ................................................................................... 100
                            SCDHEC - Division of Water Quality Process for State Navigable Waters                                       ........    101
                            SCDHEC - OCRM Process for Nationwide Permit 26                               ...................... :*** ... *--,  ...  102
                            U.S. Army Corps of Engineers Individual Permit Process                              ..................................  103
                            SCDHEC Water Quality Certification Process, Individual Permit                                 ........................  104




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                                                                                                           ii
















                              I












































                             South Carolina's Developer's Handbook for Freshwater Wetlands








                                                                  APPENDIX A



               FORM                                                                                                               PAGE


               Request for Wetlands Determination                 ........................................................................... Al

               DHEC Permit Application for Construction in Navigable Waters                         .................................. A2-A5

               Public Notice for State Certification           .............................................................................. A6


               Public Notice for State Certification and Construction in Navigable Waters Permit                             ......  A7

               Public Notice for Construction in Navigable Waters Permit                     .......................................... A8

               Public Notice for Coastal Zone Consistency Certification and Construction in
               Navigable Waters Permit            ............................................................................................. A9

               Public Notice for Water Quality Certification               ............................................................... A10

               Public Notice for Water Quality Certification and Construction in Navigable
               Waters Permit       ............................................................................................................... All


               Joint Application for Individual Permit            ........................................................................... A12-A15

               Corps of Engineers Sample Drawings                  .......................................................................... Al 6-A25

               Statement of Compliance with Coastal Zone Management Plan                            ................................. A26

               Declaration of Restrictive Covenants for Wetlands                   ...................................................... A27-A30

                                                                  APPENDIX B

               Charleston District's Corps Regulatory Branch Standard Operating Procedures
                        Nationwide Permits - Policies and Procedures



                                                                  APPENDIX C

               Charleston District's Corps Regulatory Branch Standard Operating Procedures
                        Compensatory Mitigation Plans for Nationwide Permits and Small Projects


                                                                  APPENDIX D

               Guidelines and Standards for Archaeological Investigations


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                                                                                                         iv































                                                                                                  I




















                                                   I






















                              South Carolina's Developer's Handbook for Freshwater Wetlands








                                                                                                    V


                   PREFACE
                   T
                       e equirement to obtain a permit to discharge dredged or fill material in
                     certain "Freshwater Wetlands" in the State of South Carolina has significantly
                   impacted commercial, residential and industrial developers. Accordingly, this
                   handbook is designed to aid developers and others in addressing the following
                   concerns related to the regulation of freshwater wetlands: (1) how to determine if
                   freshwater wetlands are present on a particular tract of land; (2) what permits or
                   approvals are required; (3) which agencies are involved in the process; (4) what
                   are the major policy issues that must be addressed; and (5) what are the steps in
                   obtaining the necessary permits and approvals. This handbook also provides
                   example permit applications and blank application forms, as well as flow charts
                   that diagram the permit process for a variety of situations. Please note tha
                   nformat*on regardang the State 12erm*tting procedures for activitoes located
                   n the "crot6call area" of the coastal zone es not uncluded *n this document,
                   The critical areas (1) coastal waters (2) tidelands, and (3) beach and dune
                   systems are areas where a direct Ocean and Coastal Resource Management
                   permit is required. The specific public notice procedures and regulations are
                   different than those required to alter freshwater wetland systems. Contact the
                   South Carolina Department of Health and Environmental Control - Office of
                   Ocean and Coastal Resource Management for information regarding critical area
                   permits.

                   The U. S. Army Corps of Engineers, Charleston District and the South Carolina
                   Department of Health and Environmental Control - Office of Ocean and Coastal
                   Resource Management (formerly known as the South Carolina Coastal Council),
                   in cooperation with other state and federal agencies, published the original
                   "Handbook for Freshwater Wetlands" in June 1989. The Handbook was revised
                   in October 1992 due to significant changes in the wetland regulatory arena.
                   These changes included the publishing of new regulations regarding the Corps'
                   Nationwide Permitting program in 1992 which expanded the number of
                   Nationwide Permits (from 26 to 36), the adoption of new or revised regional
                   conditions for some Nationwide Permits, and the denial of the 401 water quality
                   certification by the South Carolina Department of Health and Environmental
                   Control for many Nationwide Permits. Since the October 1992 Handbook
                   revision, several more significant changes have occurred in the regulatory arena.
                   One of the most publicized changes has been the reorganization of the State
                   agencies involved with regulating environmental activities.          Under the
                   reorganization, many State agencies were dissolved and merged into either the
                   South Carolina Department of Health and Environmental Control or the
                   Department of Natural Resources. Another change was the publishing of new
                   Department of the Army regulations on August 25, 1993, which broadened the
                   definition of "discharge of dredged material". Because of these changes, the
                   Corps of Engineers and the South Carolina Department of Health and
                   Environmental Control - Office of Ocean and Coastal Resource Management
                   decided to again revise the Handbook to ensure that current information
                   continues to be conveniently available to the public.




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                                                                                                    Vi


                       The reorganization of the State agenci6s resulted in the following changes:

                       ï¿½  The South Carolina Coastal Council became the South Carolina Department
                          of Health and Environmental Control - Office of Ocean and Coastal Resource
                          Management

                       ï¿½  The South Carolina Wildlife Department became the South Carolina
                          Department of Natural Resources

                       ï¿½  The regulatory section of the South Carolina Water Resources Commission
                          merged with the South Carolina Department of Health and Environmental
                          Control - Division of Water Quality

                       ï¿½  The nonregulatory section of the South Carolina Water Resources
                          Commission merged with the South Carolina Department of Natural
                          Resources


                       ï¿½  The regulatory section of the South Carolina Land Resources Conservation
                          Commission merged with the South Carolina Department of Health and
                          Environmental Control - Bureau of Solid Hazardous Waste

                       ï¿½  The nonregulatory section of the South Carolina Land Resources
                          Conservation Commission merged with the South Carolina Department of
                          Natural Resources


































                              South Carolina's Developer's Handbook for Freshwater Wetlands








                    1. THE EVOLUTION OFWETLAND REGULATION


                    ,re involvement of the Corps of Engineers in regulating activities in freshwater
                       wetlands began with the Federal Water Pollution Control Act Amendments of
                    1972, which authorizes the Secretary of the Army, acting through the Chief of
                    Engineers, to subject discharges of dredged or fill material to a permit
                    requirement.    Initially, in implementing the 1972 Act, the Corps limited its
                    authority to those areas that had been traditionally regulated. The Corps'
                    decision to regulate only those areas that it had regulated in the past was
                    challenged in federal court. As a result of this suit the Corps' regulatory authority
                    was expanded to include all waters of the United States (including lakes) and
                    their adjacent wetlands. This new and expanded jurisdiction became effective in
                    July 1975. The most significant and controversial change was the clarification
                    and expansion of the Nationwide Permit Program. Nationwide Permits are
                    general authorizations issued by the Chief of Engineers that approve certain
                    categories of activities in specific waterbodies that are similar in nature and that
                    have a minor impact on the aquatic resource either singulady or cumulatively. At
                    present, there are 36 Nationwide Permits that have been issued by the Chief of
                    Engineers, and others are under consideration.

                    The Corps of Engineers' authority and policies regarding jurisdiction in
                    freshwater wetlands continues to evolve. This evolution reached its current level
                    on November 8, 1985, when a memorandum was sent from the Deputy Director
                    of Civil Works that clarified the Corps of Engineers jurisdiction over isolated
                    wetlands and was included as an attachment to the EPA Memorandum on Clean
                    Water Act Jurisdiction over Isolated Wetlands.


                    On September 19, 1989, in an unpublished opinion, the United States Court of
                    Appeals for the Fourth Circuit held that the Corps of Engineers could not rely
                    solely upon the November 8, 1985 Memorandum to assert jurisdiction over
                    isolated waters under Section 404 of the Clean Water Act because the guidance
                    was a substantive rule that should have been, but was not, proposed for public
                    comment prior to its adoption by the agencies. (Tabb Lakes Ltd. v. United
                    States'30 ER.C. 1510 (4th Cir 1989)) On January 25, 1990, the EPA and the
                    Corps jointly issued guidance to the Districts operating within the states of the
                    Fourth Circuit (SC, NC, VA, WV and MD) regarding the Court's decision in the
                    case. This joint guidance states that the Corps and EPA will apply the regulatory
                    definition found at 33 CFR 328.3 to each site. The term "waters of the United
                    States" as found in 33 CFR 328.3 means:

                       1. All waters which are currently used, or were used in the past, or may be
                           susceptible to use in interstate or foreign commerce, including all waters
                           which are subject to the ebb and flow of the tide;

                       2. All interstate waters including interstate wetlands;





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                                                                                                                2


                              3.   All other waters such as intrastate lakes, rivers, streams (including
                                   intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie
                                   potholes, wet meadows, playa lakes, or natural ponds, the use,
                                   degradation or destruction of which could affect interstate or foreign
                                   commerce including any such waters:

                                   (i) which are or could be used by interstate or foreign travelers for
                                   recreational or other purposes; or
                                   (ii) from which fish or shellfish are or could be taken and sold in interstate
                                   or foreign commerce; or
                                   (iii) which are used or could be used for industrial purpose by industries in
                                   interstate commerce;

                              4.   All impoundments of waters otherwise defined as waters of the United
                                   States under the definition;

                              5.   Tributaries of waters identified in paragraphs (a)(1) through (4) of this
                                   section;

                              6.   The territorial seas;

                              7. Wetlands adjacent to waters (other than waters that are themselves
                                   wetlands) identified in paragraphs (a)(1) through (6) of this section.

                          Waste treatment systems, including treatment ponds or lagoons designed to
                          meet the requirements of the Clean Water Act (other than cooling ponds as
                          defined in 40 CFR 123.11 (m) which also meet the criteria of this definition), are
                          not waters of the United States.


                          In response to the joint guidance resulting from the Tabb Lakes case, the
                          Charleston District Corps of Engineers composed a Standard Operating
                          Procedure (SOP) that would ensure that the Charleston District effectively
                          implemented the guidance, especially in light of the fact that the Charleston
                          District oversees vast amounts of isolated wetlands (>500,000 acres). The
                          policy of the Charleston District has consistently embodied the presumption of
                          jurisdiction over isolated wetlands. If a landowner challenges jurisdiction and
                          requests an individual review, a jurisdictional analysis will be performed (as the
                          availability of staff allows) which includes the application criteria found above in
                          33 CFR 328.3 as well as the topics listed below.

                                   a. Pollution abatement by the filtration and/or trapping of nutrients and
                                      other pollutants before they reach surface tributary systems and,
                                      thus, other waters of the United States.

                                   b. Storm and flood water storage.

                                   c. Ground water recharge and aquifer interconnection.




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                                                                                                          3


                           d.  The relative importance of isolated wetlands to the overall
                               hydrological cycle.

                           e.  The use or potential use of isolated wetlands by numerous game and
                               non-game wildlife species and the attendant hunting, fishing,
                               birdwatching and other recreational activities associated therewith.

                           f.  The use or potential use of an area for the harvesting or management
                               of indigenous plants and/or trees or other use in industry.

                   The latest decision (at the time of this writing ) regarding jurisdiction over isolated
                   wetlands came out of the United States Court of Appeals for the Seventh Circuit
                   (Hoffman Homes, Inc. V. EPA, 999 F.2d 256 (7th Cir. 1993)), and involved the
                   EPA's interpretation of the language contained in 33 CFR 328.3. The Seventh
                   Circuit agreed with the EPA that a potential or minimal effect on interstate
                   commerce was a sufficient basis for jurisdiction, but disagreed that sufficient
                   evidence had been presented to support such a conclusion in that case.

                   In the regulatory arena, the most significant recent change was the publication of
                   new regulations on August 25, 1993. These regulations contained a modification
                   to the definition of discharge of dredged material [33 CFR 323.2(d)(1)). This
                   change was generated by the settlement of a lawsuit brought by the North
                   Carolina Wildlife Federation and the National Wildlife Federation (North Carolina
                   Wildlife Federation v. Tulloch, 837 F.Supp. 1344 (E.D.N.C. 1992)) involving the
                   scope of activities regulated by Section 404 of the Clean Water Act.                  In
                   accordance with the settlement agreement, the Corps and the EPA issued new
                   regulations to clarify that mechanical landclearing, ditching, channelization, and
                   other excavation activities involve discharges of dredged material when
                   performed in waters of the United States, and that these activities would be
                   regulated under Section 404 of the Clean Water Act when they have or would
                   have the effect of destroying or degrading water of the United States, including
                   wetlands.    The Corps and EPA also incorporated into the regulations the
                   substantive provisions of Corps Regulatory Guidance Letter (RGL) 90-8 to clarify
                   the circumstances under which the placement of pilings has the effect of 'Till
                   material" and is subject to regulation under Section 404. The agencies stated
                   that the proposal would not affect, in any manner, the existing statutory
                   exemptions for normal farming, ranching, and silviculture activities in Section
                   404(f)(1). In addition to the changes made in accordance with the settlement
                   agreement, the Corps and EPA incorporated into the regulations the substantive
                   provisions of Corps RGL 90-7 to clarify that prior converted croplands are not
                   waters of the United States for purposes of the Clean Water Act, and EPA
                   proposed conforming changes to the definitions of "waters of the United States"
                   for all other Clean Water Act program regulations contained in 40 CFR parts 110,
                   112, 116, 117, 122, and 401 to provide consistent definitions in all Clean Water
                   Act program regulations. Overall, these changes were proposed in order to
                   promote national consistency, more clearly notify the public of regulatory
                   requirements, ensure that the Section 404 regulatory program is more equitable
                   to the regulated public, enhance the protection of waters of the United States,



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                                                                                                              4


                          and clarify which areas in agriculture'crop production would not be regulated as
                          waters of the United States.

                          As set forth in the 1993 regulations (33 CFR 323.2), the definition of discharge of
                          dredged material means any addition of dredged. material into, including any
                          redeposit of dredged material within, the waters of the United States. The terrn
                          includes, but is not limited to, the following.

                                  (i) the addition of dredged material to a specirled discharge site located in
                                  waters of the United States,
                                  (Y) the runoff or overflow from a contained land or water disposal area;
                                  and
                                  (N) any addition, including any redeposit, of dredged material, including
                                  excavated material, into waters of the United States that is incidental to
                                  any activity@ including mechanized landclearing, ditching, channefization,
                                  or other excavation.


                          The day after the publication of these regulations, the Clinton administration
                          proposed a comprehensive package of improvements to the Federal wetlands'
                          program that reflected a new broad-based consensus among federal agencies.
                          The title of this plan was, "Protecting America's Wetlands: A Fair, Flexible, and
                          Effective Approach."

                          When considering the importance of the regulation of freshwater wetlands in the
                          State of South Carolina, developers (and others) must realize that this State
                          contains approximately 5 million acres of wetlands, of which approximately 3Y2 to
                          4 million acres are considered "Freshwater Wetlands".            This means that
                          approximately 20%, of the surface area of the State of South Carolina is
                          considered to be "Freshwater Wetlands". Obviously, in planning an industrial or
                          residential/commercial development, the extent and location of jurisdictional
                          wetlands should be considered early in the planning process. Changes to
                          regulations continue to occur. Therefore, it is strongly suggested that developers
                          meet with one or more of the permitting and certifying agencies to discuss any
                          planned development prior to investing time and money in any proposal.



















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                                                                                                    5


                  11. PERMIT OVERVIEW


                  T
                      e Army Corps of Engineers is the lead agency for wetland permits and is
                     responsible for determining if an area is a wetland. Since in many instances
                  a permit and/or certification will also be required from one or more State
                  agencies, agreements have been implemented between the Corps and the
                  South Carolina Department of Health and Environmental Control, which allow for
                  joint processing of individual permit applicants. An application need only be
                  submitted to the Corps.

                  Below are the agencies involved in the permitting process for activities in waters
                  of the United States and an indication of the types of permits and certifications
                  theyissue.
                     Permits
                         Section 10 of the Rovers and Harbors Act and Section 404 of the Clean
                         Water Act Perm* - issued by the Army Corps of Engineers

                         Construction in Navigable Waters Permit        issued by South Carolina
                         Department of Health and Environmental Control - Division of Water
                         Quality

                         Mining Permit - issued by South Carolina Department of Health and
                         Environmental Control - Bureau of Solid and Hazardous Waste


                         Nonpo*nt Source Discha[ge Elimination System Permit - issued by South
                         Carolina Department of Health and Environmental Control - Division of
                         Water Quality

                     Certifications
                         401 Water Qua& Certirication - issued by the South Carolina
                         Department of Health and Environmental Control - Environmental Quality
                         Control for all federal actions.


                         Coastal Zone Consistenry Determination - issued by the South
                         Carolina Department of Health and Environmental Control - Office
                         of Ocean and Coastal Resource Management for all federal
                         licenses, permits, or activities in the coastal zone.

                  A permit is required for certain listed activities (listed below and in Section V)
                  which occur in freshwater wetland areas. Permits are necessary to manage
                  growth in sensitive areas and to permit development activity while trying to
                  preserve valuable ecological resources.

                  The following is a brief overview of the permits and certifications that will be
                  needed for different types of activities in wetlands.     This should assist in
                  determining at a glance the different agencies that will be involved in the
                  process.




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                                                                                                     6


                        A. FILLING WATERS OF THE UNITED STATES INCLUDING
                           WETLANDS (FOR ANY PURPOSE)
                        ï¿½  Corps of Engineers - permit required pursuant to Section 404 of the Clean
                           WaterAct
                        ï¿½  S.C. Department of Health and Environmental Control (Environmental Quality
                           Control or Office of Ocean and Coastal Resource Management, depending
                           on the location) - certification required

                        B. DREDGING IN NAVIGABLE WATERS
                        ï¿½  Corps of Engineers - permit required pursuant to Section 10 of the Rivers
                           and Harbors Act of 1899
                        ï¿½  S.C. Department of Health and Environmental Control        (Environmental
                           Quality Control or Office of Ocean and Coastal Resource Management,
                           depending on the location) - permit and certification required

                        C. DREDGING AND DRAINING WETLANDS
                        ï¿½  Corps of Engineers - permit required pursuant to Section 10 of the Rivers
                           and Harbors Act of 1899 and Section 404 of the Clean Water Act
                        ï¿½  S.C. Department of Health and Environmental Control        (Environmental
                           Quality Control or Office of Ocean and Coastal Resource Management,
                           depending on the location) - certification required

                        D. MINING IN FRESHWATER WETLANDS
                        ï¿½  S.C. Department of Health and Environmental Control - Bureau of Solid
                           Hazardous Waste- permit required
                        ï¿½  Corps of Engineers - permit required pursuant to Section 404 of the Clean
                           Water Act
                        ï¿½  S.C. Department of Health and Environmental Control        (Environmental
                           Quality Control or Office of Ocean and Coastal Resource Management,
                           depending on the location) - permit and certification required

                        E. CREATING IMPOUNDMENTS IN WETLANDS
                        ï¿½  Corps of Engineers - pennit required pursuant to Section 404 of the Clean
                           Water Act
                        ï¿½  S.C. Department of Health and Environmental Control        (Environmental
                           Quality Control or Office of Ocean and Coastal Resource Management,
                           depending on the location) - certification required

                        F. MANAGING STORM WATER RUNOFF IN WETLANDS
                           S.C. Department of Health and Environmental Control        (Environmental
                           Quality Control or Office of Ocean and Coastal Resource Management,
                           depending on the location) - permit required








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                                                                                              7


                  G. CONSTRUCTING DOCKS, BULKHEADS, AND BOAT
                      RAMPS
                  0  Corps of,Engineers - permit required pursuant to Section 10 of the Rivers
                     and Harbors act of 1899 and Section 404 of the Clean Water Act
                  0  S.C. Department of Health and Environmental Control        (Environmental
                     Quality Control or Office of Ocean and Coastal Resource Management,
                     depending on the location) - permit and certification required

                  H. LANDCLEARING ACTIVITIES IN WETLANDS
                  ï¿½  Corps of Engineers - permit required pursuant to Section 404 of the Clean
                     Water Act
                  ï¿½  S.C. Department of Health and Environmental Control        (Environmental
                     Quality Control or Office of Ocean and Coastal Resource Management,
                     depending on the location) - permit and certification required








































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                                                                                                                     8


                                                     AGENCY LISTING



                AGENCY NAME                          OFFICE                          ADDRESS                    PHONE

          S.C. Institute of Archaeology Underwater Archaeology            1321 Pendleton Street             803-734-0566
          and Anthropology, USC            Division                       Columbia, S.C. 29208


          S.C. Department of Archives      State Historic Preservation    Post Office Box 11669             803-734-8577
          and History                      Office                         Columbia, S.C. 29211


          S.C. Department of Health        Mining and Reclamation         2600 Bull Street                  803-896-4261
          and Environmental Control        Permitting                     Columbia, S.C. 29201


          S.C. Department of Health        Office of Environmental        2600 Bull Street                  803-734-5300
          and Environmental Control        Quality Control - Water        Columbia, S.C. 29201
                                           Pollution Control


          S.C. Department of Health        Office of Ocean and            4130 Faber Place                  803-744-5838
          and Environmental Control        Coastal Resource               Suite 300
                                           Management                     Charleston, S.C. 29405

          S.C. Department of Natural       Environmental Affairs          Post Office Box 12559             803-762-5027
          Resources                        Coordinator                    Charleston, S.C. 29422-2559



          U.S. Army Corps of               Charleston District            Post Office Box 919               803-727-4330
          Engineers                        Regulatory Branch              Charleston, S.C. 29402-0919


          U.S. Environmental               Region IV, Ecological          345 Courtland Street, NE          404-347-4015
          Protection Agency                Review Branch                  Atlanta, G.A. 30365


          U.S. Fish and Wildlife           Ecological Services            Post Office Box 12559             803-727-4707
          Service                                                         Charleston, S.C. 29422-2559



          U.S. National Marine             Habitat Conservation           Post Office Box 12607             803-762-8574
          Fisheries Service                Division                       Charleston, S.C. 29412






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                                                                                                       9


                   111. IDENTIFYING FRESHWATER WETLANDS


                   XPURPOSE
                   r
                       e purpose of this section of the Handbook is to provide information for
                      iandowners, developers, and others to assist in determining whether or not
                   wetlands exist on a particular tract of land and whether they may need to contact
                   the Corps of Engineers concerning permit requirements. Natural vegetation is
                   the most immediately recognizable factor in evaluating the presence of wetland
                   situations, but consideration must also be given to soil conditions and hydrology.

                   It is important to note that the plant life of a given area should be looked at as a
                   COMMUNITY and that a PREVALENCE of the listed species must be present in
                   order to qualify an area as exhibiting wetland vegetation. A few of these species
                   existing in a given area does not constitute a wetland.

                   Wetland plants are referred to as "hydrophytic" (literally, "water loving") species.
                   The following excerpt which defines and describes this type of plant life comes
                   from a paper prepared by Dr. Dana R. Sanders, Sr. of the Corps of Engineers'
                   Waterways Experiment Station (a major Corps research facility) entitled
                   "Multiparameter Approach for the Identification and Delineation of Wetlands."
                   Other portions of this section of the Handbook contain paraphrased excerpts
                   from this publication. By way of explanation, the terms "aerobic" and "anaerobic"
                   used below refer to the presence (aerobic) or absence (anaerobic) of oxygen.

                           "Plant species occurring in wetlands have morphological,
                           physiological, and/or reproductive adaptations that allow them to
                           grow, persist and reproduce in areas that are periodically
                           inundated or have saturated soil conditions. Nonwetland plants
                           lack adaptations for occurrence in such areas.
                           Plant sp ecies vary in t@eir tolerance to anaerobic soil conditions.
                           Some species (red maple, for example) have broad tolerance and
                           occur over a broad range of soil moisture conditions. Other
                           species such as buttonbush have a narrow range of tolerance.
                           Some species (e.g., bald cypress, smooth cordgrass) are adapted
                           for occurrence in areas that are nearly permanently inundated,
                           while other species are adapted for occurrence in areas that are
                           inundated or have saturated soils for relatively short periods
                           during the growing season. Nevertheless, species of both types
                           are poorly adapted and lack a competitive advantage for survival
                           in areas having nearly continuous periods of aerobic soil
                           conditions associated with nonwetland soils. Many hydrophytic
                           species do not occur in nonwetland areas.

                           Hydrophytic species sharing similar tolerances to anaerobic soil
                           conditions often- cohabit areas having such conditions. In these


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                                 cases, it is possible to recoghize these species groups as plant
                                 communities or species associations. Within a given geographic
                                 region, the same plant community type or species association will
                                 occur wherever similar environmental conditions exist. Thus it is
                                 possible to map wetland areas based on the distribution of
                                 hydrophytic communities or species associations."

                         It is these types of associations that are discussed in the following sections
                         which describe the various wetland types found in South Carolina.

                         There are many different kinds of wetlands in South Carolina, and almost as
                         many systems to classify them. The most widely used system is the one
                         developed by the National Welland Inventory (NWI) of the Department of
                         Interior. The Charleston District of the Corps of Engineers has made significant
                         contributions to expedite development of NWI Maps for the State. of South
                         Carolina. (For information on. the availability of these maps for a given area
                         contact the Land Resources Division of the South Carolina Department of
                         Natural Resources at 803-734-9100). However, this system may be too complex
                         for the purposes of this booklet; therefore, a more simple approach is used here.
                         The figure below shows the general types of wetlands described herein and their
                         relationship to tidal influence.



                                               Tidal                  Non-Tidal


                                          Salt Marsh
                                              Brackish Marsh
                                                     Freshwat     Marsh
                                                                r M
                                                                   oded Swamps
                                                               IWO    ILakes
                                                                           Isolated Wetlands


                         Estimates for the amount of wetlands contained in South Carolina show that
                         perhaps as much as 5 million acres qualify as wetlands. Some of the figures are
                         given below and are based on a 1975 survey of tidal wetlands along the coast
                         performed by the South Carolina Wildlife and Marine Resources Department
                         (SCW&MRD) (Tiner, 1975), and additional data.


                        TIDAL WETLANDS                          NON-TIDAL WETLANDS


                        Salt marsh         334,500 acres        Freshwater marsh     -25,000 acres
                        Brackish marsh       35,000 acres       Wooded Swamp        3,000,000 acres
                        Freshwater marsh 65,000 acres           Lakes (>10 acres)     :492,000 acres
                        Wooded swamp          2,000 acres       Isolated wetlands   1,000,000 acres
                                                                (Carolina Bays, etc.)




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                    Since the purpose of this handbook is to address predominately freshwater
                    systems, no further discussions of tidal wetlands will occur.


                    B. DEFINITION

                    The following is the definition of wetlands as it appears in the Corps of
                    Engineers' Regulations at 33 CFR 328.3(b).

                            The term Ivetlandsm means those areas that are inundated or
                            saturated by surface or ground water at a frequency and duration
                            sufficient to support, and that under normal circumstances do
                            support, a prevalence of vegetation typically adapted for life in
                            saturated soil conditions. Wetlands generally include swamps,
                            marshes, bogs and similar areas.


                    C. FRESHWATER WETLAND CHARACTERISTICS

                    1. Wooded Swamps
                    A distinction can be made between "scrub-shrub" and forested wetlands, where
                    the "scrub-shrub" type is generally characterized by a dominance of woody
                    vegetation less than about 20 feet in height. This may result from stunting
                    caused by environmental conditions or it could simply be a successional stage in
                    the maturation of a particular site (for instance, following recent logging or other
                    disturbance). These swamp areas adjacent to rivers and streams are dominated
                    by such species as black willow (Safix nigra), alders (Alnus spp.), and
                    buttonbush (Cephalanthus occidentalis).

                    Forested wetlands comprise the majority of the total wetlands found in the State
                    of South Carolina. They adjoin major rivers and their tributaries from the coast to
                    the piedmont and even into the foothills of the Blue Ridge mountains in the upper
                    reaches of the State. These floodplain areas become "swamps" because of the
                    influence of overbank flooding from the streams that they line.

                    While these types of wetlands exhibit an extensive diversity of plants, there are a
                    number of species that are fairly characteristic. To describe these, an effort
                    must be made to explain that the swamp habitat can be divided into a number of
                    different zones, each with its own characteristic vegetation community, and
                    based on the frequency and duration of flooding. While much of the research in
                    this field is currently directed at describing five or six distinct zones, for the sake
                    of simplicity, only three will be discussed - low, middle and high.

                    The lower zone (and thus the most often and longest flooded) is the area that
                    people normally think of when they think of a swamp. The dominant trees in
                    such areas are cypress (Taxodium distichum) and swamp tupelo (Nyssa
                    aquatica), however, Carolina ash (Fraxinus caroliniana) and planer tree (Planera
                    aquatica) survive very well in these areas.



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                          The next higher zone (or the "middle@'zone) usually exhibits denser ground cover
                          and the dominance of tree species gradually changes to such things as laurel
                          oak (Quercus laurifolia), swamp chestnut oak (Quercus michauxii), water hickory
                          (Carya aquatica), and American elm (Ulmus americana). Shrubs common in this
                          zone include sweetspire (Itea virginica), titi (Cyrilla racemitlora), swamp dogwood
                          (Cornus foemina), and hankberry (Ilex galbra). Also present are royal fern
                          (Osmunda regalis) lizard's tail (Saururus cemuus), false nettle (Boehmeria
                          cylindilica), and sedges (Carex spp. and Cyperus spp.).

                          The highest zone (also commonly known as a "transitional zone" because of the
                          gradual transition to upland, or nonwetland areas) commonly contain such trees
                          as hackberry (Ceffis laevigata), various bay trees (Persea, Gordonia, Magnolia),
                          red maple (Acer rubrum), ironwood (Calpinus carofiniana), and an occasional
                          loblolly pine (Pinus taeda). Ground cover and shrubs may include sweet
                          pepperbush (Clethera alnifolia), dwarf palmetto (Sabal minor), arrow wood
                          (Viburnum dentaturn), swamp azalea (Rhododendron canescens), southern lady
                          fem (Athyrium asplenoides) and wax myrtle (Myrica cerifera).

                          2. Lakes or Ponds
                          Lakes are easily recognizable as wetlands since they are comprised of bodies of
                          usually permanent standing water, often with a fringe of vegetation around the
                          border (e.g., marsh or swamp). Much of the vegetation is similar to that
                          discussed in the earlier sections on freshwater swamps.

                          Lakes or ponds may be natural bodies of standing water, or may be created by
                          impounding a stream or river with a dam or embankment or by excavation.
                          Lakes Marion, Murray, Greenwood and Wateree are excellent examples of this
                          impoundment type. The overwhelming majority of lakes in South Carolina are
                          man-made, ranging from small farm ponds to the major reservoirs mentioned
                          above. There are about 17 lakes in South Carolina'which exceed 1,000 acres in
                          surface area; and at the time of a 1974 survey by the South Carolina Water
                          Resources Commission, there were approximately 1,400 lakes,greater than 10
                          acres in surface area. Many more have obviously been created since that time
                          and there are many thousands in the less than 10 acre category.

                          3. Isolated Wetlands
                          Isolated wetlands cover the widest variety of wetland types and may be found in
                          South Carolina from the mountains to the sea. An isolated wettand is simply a
                          wetland area that is not part of a surface tributary system. In other words, there
                          are no streams flowing into or out of them. They are simply landforms,
                          surrounded by nonwetland areas, and may vary as widely in size as they do in
                          type. Old "oxbow lakes," which were once part of the course of a river but have
                          been cut off from the stream and are now surrounded by high ground, are one
                          type of isolated wetland. Carolina Bays, which are unique to this part of the
                          world and reach their highest concentrations around the South Carolina - North
                          Carolina border are a significant and interesting form of isolated wetlands
                          (though some may be adjacent to and directly associated with river swamps and
                          are not truly isolated).



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                 Pocosins, which are intimately associated with Carolina Bays, are broad flat
                 areas which have become peatbogs over the centuries and are another unique
                 coastal plain wetland. Many other types of potholes and sinkholes exist which
                 collect surface runoff or are low enough to intersect the local ground water table
                 and have thus become wetland areas. Along the barrier islands and sea islands,
                 as well as the adjoining mainland area, are topographic features which are
                 essentially the remains of ancient sand dunes left over from the transgressions
                 of the ocean many thousands of years ago which have become weathered and
                 vegetated. Between many of these old dunes are "swales" or "troughs" which
                 collect water and are wet for long enough periods during the year for wetland
                 ecosystems to become established and to survive.

                 Plants that are commonly associated with Carolina Bays and pocosins include
                 pitcher plants (Sarracenia spp.), sphagnum moss (Sphagnurn spp.), fetterbush
                 (Lyonia spp.), zenobia (Zenobia pulverulenta), pond pine (Pinus serotina) and
                 various bay trees (Persea, Gordonia, Magnolia).

                 4. Soils
                 The U.S. Department of Agriculture - Natural Resources Conservation Service
                 (formerly known as the Soil Conservation Service), has developed a list of soil
                 types (or soil "series", as they are more properly known) in the State of South
                 Carolina which are considered to be "hydric soils". They have also published
                 Soil Surveys for virtually all of the counties of South Carolina. These Soil Survey
                 books contain aerial photographs covering the entire county (or in some cases,
                 more than one county) with an overlaid mapping of the soils in the area. The
                 Hydric Soil list can be used in conjunction with the Soil Surveys (see the local
                 Natural Resources Conservation Service office for more information in obtaining
                 the Hydric Soil list and the Soil Survey for a specific area) as a planning tool to
                 get an idea of where wetlands are likely to occur. However, this is not definitive
                 and should NOT be used solely to delineate jurisdictional wetlands on the basis
                 of soil mapping. It is intended to aid in assessing the potential of an area for
                 such a determination by providing insight into one of the physical parameters of
                 the area. Vegetation and hydr9logy must also be considered, and there are
                 nuances of soil series identification and mapping that could lead to incorrect
                 conclusions about the presence or absence of wetlands on a given tract.

                 The importance of soils information is highlighted by recognizing that a key
                 provision of the Corps of Engineers' wetland definition is "..a prevalence of
                 vegetation typically adapted for life in SATURATED SOIL CONDITIONS..."
                 (emphasis added). What then is a "hydric soil" and what are the characteristics
                 that indicate the presence of wetland conditions?

                 The official Natural Resource Conservation Service definition of a hydric soil is:

                        "A hydric soil is a soil that in its undrained condition is saturated,
                        flooded, or ponded long enough during the growing season to
                        develop anaerobic conditions that favor the growth and
                        regeneration of hydrophytic vegetation.



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                          Note that the definition of hydric soils"refer's to the vegetation just as the wetland
                          definition refers to soil conditions. The two are inexorably linked.

                          6. Hydrology
                          Hydrology is the tie that binds all wetlands together as wetland areas, but is the
                          most elusive to accurately quantify. However, the presence of water is directly
                          reflected in the hydric soils and the plant communities which occupy wetlands
                          and the hydrology can be largely inferred as a result, even in those instances
                          where no standing water is present at a particular time. The frequency, timing
                          and duration of these hydrological conditions vary widely from one wetland type
                          to another.


                          Some of the indicators of wetland hydrology include:

                                  ï¿½   Recorded information (e.g., gauging station data, flood predictions,
                                      and historic data).
                                  ï¿½   Evidence of water movement through an area (e.g., drainage
                                      patterns, absence of leaf litter, scouring around roots, and debris
                                      deposited in or along the drainage pattern).
                                  ï¿½   Drift lines (debris accumulated at the furthermost reach of the rising
                                      water).
                                  ï¿½   Sediment deposits on plants and other objects.
                                  ï¿½   Encrusted detritus in the litter layer.
                                  ï¿½   Watermarks.
                                  ï¿½   Visual observation of inundation or soil saturation.

                          Hydrology may take the form of tidal fluctuations (in coastal situations), freshets
                          and floods along rivers and streams, and rainwater catchment or groundwater
                          discharge in isolated areas. It is important to note that the significance of
                          inundation or saturation to the plant community is generally considered to be
                          during the growing season (regarded as from the last frost of the winter to the
                          first frost the following fall) for any given locality. During the remainder of the
                          year the plants are considered to be essentially dormant and the stresses
                          caused by these wet conditions have little impact on their survival and
                          reproduction.


                          D. DELINEATIONS

                          1. How Wetland Delineations are Obtained/Accomplished
                          Recently, a Memorandum of Agreement was signed between the Corps, U.S.
                          Department of Agriculture - Natural Resources Conservation Service, the U.S.
                          Fish and Wildlife Service, and the Environmental Protection Agency which
                          appoints the Natural Resources Conservation Service as the lead agency for
                          delineation of wetlands on "agricultural lands". If a property may qualify for this
                          service, or if the applicant is a U.S. Department of Agriculture program
                          participant (even if the land in. question is not in agricultural use), contact the




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                   local office of the U.S. Department of Agriculture - Natural Resources
                   Conservation Service for assistance.

                   In the past the Corps has made every effort to provide wetlands data to the
                   landowner or agent in a timely fashion. However, the pace of development in the
                   State has now surpassed the Corps' resources to provide such services. In
                   consideration of these factors, Corps delineation services must now be provided
                   through two options. First, the developer or agent may submit a request to be
                   placed on a waiting list and these delineations will be worked on as timeand
                   staff allow. It is anticipated that responses to these requests will take much
                   longer than the average 60 days now experienced. The second option is that a
                   qualified consultant may be hired by the landowner to perform the field
                   evaluation for review and verification by the Corps. This is a procedure that
                   many are already familiar with since the Charleston District has been doing this
                   for some time on larger projects. While this was once the norm for projects of
                   several hundred acres, sites as small as five or 10 acres are now candidates for
                   this category.

                   The hiring of a consultant, in most cases, will be inappropriate for small, private
                   sites, but areas slated for commercial, residential or industrial development
                   (even if smaller than the five to 10 acre threshold) should meet this criteria. If
                   time is not an important factor, the waiting list addressed above may be the
                   appropriat6 measure.

                   Included in Appendix A, page I is a copy of a "Request for Wetlands
                   Determination" form. Even if the wetlands are to be independently evaluated,
                   this form should be forwarded to the Corps so that a Corps field representative
                   may be assigned who will be responsible for coordination with the consultant and
                   verification of the wetland boundaries established. Also available upon request
                   is a list of consultants who have indicated availability for this type of work. (The
                   Corps of Engineers is working on a Wetland Delineator Certification Program,
                   but it is not yet in place at the time of the updating of this handbook.)

                   Wetlands delineated by consultants should be mapped and provided to the
                   Corps office for verification of accuracy. Two types of verifications will be
                   provided - one is an uapproximation" which is provided when the delineation is
                   not surveyed; the second is an "accurate" delineation which involves the
                   submittal of a plat by a Registered Land Surveyor showing all necessary
                   dimensions, bearings and distances for both the overall tract in question and the
                   -boundaries of all wetlands contained within the tract. Approximations may be
                   appropriate for projects like the construction of a pond where a very high degree
                   of accuracy is not needed. Survey information is needed for circumstances
                   where one needs to know accurately the location, size, etc., for all wetlands for
                   development planning and permitting requirements (e.g., commercial, residential
                   or other high intensity development activities).







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                          2.   Tools Available to the Lahdowner That Will Assist in Wetland
                          Delineations
                          If a landowner or developer wishes to make a preliminary determination as to
                          whether wetlands exist on a particular parcel of land, there are some tools
                          available that will assist in making a preliminary determination. These tools are
                          U. S. Geological Survey Quadrangle maps, soil survey maps, U.S. Fish &
                          Wildlife Service National Wetland Inventory maps, and aerial photography.

                          a. U. S. Geological Survey Quadrangle Maps
                          U. S. Geological Survey quadrangle maps are readily available sources of
                          information and can be obtained from a number of suppliers throughout the
                          State. Although not ideally suited to wetland determination due to their scale
                          (1:24,000), the maps are easy to obtain and can be used for many purposes,
                          including preliminary wetland evaluation for large sites.

                          b. Soil Survey Maps
                          The U.S. Department of Agriculture - Natural Resources Conservation Service
                          has published Soil Survey Booklets for virtually each county in the State. These
                          booklets contain copies of aerial photographs with soils information annotated on
                          the photograph. The information gained from the soils booklet, in conjunction
                          with an on-site inspection, will assist in determining if wetlands are present and
                          aid in the planning of the project, so that wetlands can be avoided or
                          encroachments minimized.


                          c. National Wetiand Inventory Maps
                          The U.S. Fish & Wildlife Service has been in the process of mapping wetlands
                          on a nationwide basis for the past several years. The majority of the work has
                          been completed for the coastal zone of South Carolina. Draft maps are currently
                          available and may be ordered by U.S. Geological Survey Quadrangle sheet
                          designation by calling 1-800-USA-MAPS. Copies may also be obtained from the
                          Land Resources Division of the South Carolina Department of Natural
                          Resources (803-734-9100).

                          These 'Wetland Inventory Maps" are U.S. Geological Survey Quadrangle maps
                          on which the U.S. Fish & Wildlife Service has delineated their categories of
                          wetlands in accordance with their published procedures. These maps are
                          valuable as an early planning tool for conceptually developing a plan that can
                          either avoid wetlands, or at least minimize project encroachments into these
                          valuable natural resource areas.















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                   IV. THE MAJOR PERMITS AND AUTHORITIES


                   T
                       is section identifies the federal and state agencies that may be involved in
                      permitting or certifying a project located in. freshwater wetlands. Each agency
                   has provided information relative to their authorities in regulating freshwater
                   wetlands.



                   A. U. S. ARMY CORPS OF ENGINEERS


                   The U. S. Army Corps of Engineers has been involved in regulating activities in
                   the nation's waters since 1899. The Corps' authority was then and continues to
                   be Section 10 of the Rivers and Harbors Act of 1899. The paragraphs that follow
                   were extracted from Corps of Engineers Regulations and describe the Corps'
                   statutory authorities and how these authorities relate to freshwater areas.

                          Section 10 of the Rivers and Harbors Act approved March 3,
                          1899, (33 U.S.C. 403) (hereinafter referred to as section 10),
                          prohibits the unauthorized obstructions or alteration of any
                          navigable water of the United States. ("Navigable waters of the
                          United States" is defined below.) The construction of any structure
                          in or over any navigable water of the United States, the
                          excavating from or depositing of material in such waters, or the
                          accomplishment of any other work affecting the course, location,
                          condition, or capacity of such waters is unlawful unless the work
                          has been recommended by the Chief of Engineers and authorized
                          by the Secretary of the Army. The authority for authorizing work
                          under this law has been delegated to District Engineers. The
                          instrument of authorization is designated a permit.

                   Since this handbook deals specifically with freshwater areas, Section 10 of the
                   Rivers and Harbors Act of 1899 will usually not be applicable due to the fact that
                   freshwater areas are generally not considered "navigable waters of the United
                   States". Such areas are normally subject to Section 404 of the Clean Water Act.

                          Section 404 of the Clean Water Act (33 U.S.C. 1344) (hereinafter
                          referred to as section 404) authorizes the Secretary of the Army,
                          acting through the Chief of Engineers, to issue permits, after
                          notice and opportunity for public hearing for the discharge of
                          dredged or fill material into the waters of the United States at
                          specified disposal sites. (See 33 CFR Part 323.) The selection
                          and use of disposal sites will be in accordance with guidelines
                          developed by the Administrator of the Environmental Protection
                          Agency in conjunction with the Secretary of the Army and
                          published in 40 CFR Part 230. If these guidelines prohibit the
                          selection or use of a disposal site, the Chief of Engineers shall
                          consider the economic impact on navigation and anchorage of



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                                  such a prohibition in reachihg his decision. Furthermore, the
                                  Administrator of the Environmental Protection Agency can deny,
                                  prohibit, restrict or withdraw the use of any defined area as a
                                  disposal site whenever he determines, after notice and
                                  opportunity for public hearing and after consultation with the
                                  Secretary of the Army, that the discharge of such materials into
                                  such areas will have an unacceptable adverse effect on municipal
                                  water supplies, shellfish beds and fishery areas, wildlife, or
                                  recreational areas.


                          Since the laws cited above make reference to 'Waters of the United States" and
                          "navigable waters of the United States", these two terms are defined below.

                                  The derinition of 'Waters of the United States" is found in Section
                                  of this handbook.


                                  The term "navigable waters of the United States" means those
                                  waters of the United States that are subject to the ebb and flow of
                                  the tide shoreward to the mean high water mark andlor are
                                  presently used, or have been used in the past, or may be
                                  susceptible to use to transport interstate or foreign commerce.

                          Generally, any deposit of dredged or fill material in wetlands will require a permit
                          from the Corps of Engineers due to Section 404 of the Clean Water Act.

                          There are several types of permits (e.g., Individual Permits, General Permits, or
                          Nationwide Permits) that apply to freshwater areas. The type of permit applied
                          for will depend on many different factors. General Permits have been issued for
                          numerous activities in South Carolina. In order to qualify for authorization under
                          one of these General Permits, the project must be located in an area that the
                          Corps has issued a General Permit (i.e., Lake Murray, Lake Marion, Lake
                          Moultrie, etc.), and the work must be within the scope specified by the conditions
                          of that General Permit. The Corps of Engineers has also issued 36 NWPs that
                          could apply to a project an applicant intends to pursue. Activities authorized by
                          these NWPs must meet certain conditions. When applying to the Corps for a
                          NWP, a decision will be made whether or not the proposed work is authorized by
                          an existing NWP. A complete discussion of Nationwide Permit Program can be
                          found in Section V. The last type of permit is an Individual Permit. This type of
                          permit requires a full public interest review, which includes issuance of a public
                          notice and receipt and evaluation of all comments. The decision as to which
                          type of permit applies will be made on an individual basis. When a permit is
                          processed through the Individual Permit process, the decision whether to issue a
                          permit will be based on an evaluation of the probable impacts of the project,
                          including cumulative impacts of the proposed activity, and will include the
                          application of guidelines promulgated by the Administrator of the Environmental
                          Protection Agency in conjunction with the Secretary of the Army under authority
                          of Section 404(b)(1) of the Clean Water Act.




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                   These guidelines are entitled, "Guidelines for Specification of Disposal Sites for
                   Dredged or Fill Material" (commonly referred to as the 404(b)(1) Guidelines). To
                   evaluate which portion of these guidelines apply to the specific project, this office
                   will first determine whether the project is "water dependent" or "non-water
                   dependent".     The term 'Water dependent" means that the project must be
                   located in, or in close proximity, to the aquatic resource to fulfill its basic
                   purpose.

                   The Corps of Engineers will determine the "overall project purpose" of the project
                   and also determine the "basic" purpose of an applicant's discharges of dredged
                   or fill material and whether or not the work is water dependent. Please be
                   advised that the Corps of Engineers will consider an applicant's view regarding
                   their interpretation of the project's "basic" and "overall project purpose". The
                   Corps must determine these issues without undue deference to the applicant's
                   wishes.


                   After receipt of the comments on a project, the Corps will send the applicant a
                   letter which states the determination on water dependency, overall project
                   purpose and basic purpose. This letter will afford the applicant an opportunity to
                   clearly demonstrate, in writing, that there are no "practicable alternatives" which
                   would fulfill the "overall project purpose" of the proposed work. In addition, all
                   practicable alternatives which do not involve a discharge into a special aquatic
                   site are presumed to have less adverse impacts on the aquatic ecosystem,
                   unless clearly demonstrated otherwise. If the determination is water dependent,
                   an applicant must still provide the Corps of Engineers with sufficient information
                   to allow them.to make a determination on practicable alternatives.


                   B. SOUTH CAROLINA DEPARTMENT OF HEALTH AND-
                   ENVIRONMENTAL CONTROL - DIVISION OF WATER
                   QUALITY


                   1. Purpose
                   To provide legal authority to perform approved construction and alteration
                   activities in South Carolina navigable waters and to protect the public interest in
                   those navigable waters of the State. The following permit information only
                   applies to land below the mean low water line.

                   2. Permit Overview
                   Unless expressly exempted, a permit issued by the Department of Health and
                   Environmental Control is required for any dredging, filling, construction or
                   alteration activity in, on, or over a navigable water, or in, or on the bed under
                   navigable waters, or in, or on lands or waters subject to a public navigational
                   servitude, under Article 14 Section 4 of the South Carolina Constitution and 49-1 -
                   10 of the 1976 S.C. Code of Laws including submerged lands under the
                   navigable waters of the State, or for any activity significantly affecting the flow of
                   any navigable water.



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                          Specific activities requiring this permit 'include, but are not limited to: construction
                          of docks, piers, boat ramps, bulkheads, moorings, bridges, transmission lines;
                          water intake structures and wastewater discharge structures; and the placement
                          of fill and excavation of materials.

                          3. Identifying Navigable Waters of South Carolina
                          Navigable waters means those waters which are now navigable, or have been
                          navigable at any time, or are capable of being rendered navigable by the
                          removal of accidental obstructions, by rafts of lumber or timber, or by small
                          pleasure or sport fishing boats. Navigability shall be determined by South
                          Carolina Department of Health and Environmental Control - Division of Water
                          Quality (DHEC - Division of Water Quality) in accordance with the definitions of
                          navigable waters contained in Section 49-1-10 of the 1976 S.C. Code of Laws
                          and Regulation 19-450.

                          Delineation of Navigable Waters of South Carolina is made by the Department of
                          Health and Environmental Control staff through visual determinations made in
                          the field based on State navigability criteria. Major jurisdictional waters have
                          been determined and are indicated on a map entitled "Navigable Waters of
                          South Carolina". These maps are available to the public and may be obtained
                          upon request from DHEC - Division of Water Quality. Some waters have not
                          been thoroughly inspected and are of uncertain status. These waters are
                          investigated individually by the DHEC - Division of Water Quality as the need
                          arises.


                          4. Statutory Authority for the Construction in Navigable Waters Permitting
                          Program
                          Statutory authority for this program is found in Sections 1-11-70, 1-11-75, and
                          49-1-10, Code of Laws of South Carolina, 1976, as amended. Regulations
                          promulgated by the South Carolina Department of Health and Environmental
                          Control to implement this program are codified at Regulation 19-450.

                          5. Review of Construction in Navigable Waters Permit Applications
                          a. Review Process
                          State agencies commenting on permit applications are collectively responsible
                          for providing to DHEC - Division of Water Quality a total assessment of the
                          impact of any proposed work affecting navigable waters, stream beds,
                          submerged lands or other lands or waters within the State's jurisdiction. Each
                          agency is individually responsible for a specific area or field of review based on
                          that agency's statutory responsibilities or primary interests, as they relate to the
                          protection or development of the State's natural resources. Within its area of
                          statutory responsibility or primary interest, each agency is to identify the
                          advantages and disadvantages of the project on the lands and waters of the
                          State and to provide an assessment of the relative merits of the proposed
                          activity, whether environmentally harmless or not. State agencies that are
                          included in this review process are:

                                  0 Department of Natural Resources
                                  0 Department of Archives and History


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                            ï¿½  Institute of Archaeology and Anthropology
                            ï¿½  State Ports Authority
                            ï¿½  Public Service Authority
                            ï¿½  State Attorney General's Office
                            ï¿½  Department of Transportation
                            ï¿½  Department of Parks, Recreation, and Tourism
                            ï¿½  State Forestry Commission
                            ï¿½  Department of Health and Environmental Control
                               - Office of Ocean and Coastal Resource Management
                               - Division of Land Resources


                   In addition, comments are reviewed from various federal agencies, such as the
                   U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency, as
                   well as comments from the general public. If the project is located within the
                   coastal zone, a Coastal Zone Consistency determination must be issued prior to
                   a navigable waters permit.

                   DHEC - Division of Water Quality is responsible for assessing the total impact of
                   the projected activity on the navigable waters and lands subject to the jurisdiction
                   of this regulation, as well as the impact on the economy and natural resources of
                   the State. DHEC - Division of Water Quality is concerned with the utilization and
                   protection of important State resources and balances the extent and
                   permanence of reasonably foreseeable benefits and detriments of the projected
                   activity, including its impacts on conservation, economics, aesthetics, general
                   environmental concerns, cultural values, fish and wildlife, navigation, erosion and
                   accretion, recreation, water quality, water supply and conservation.             The
                   projected activity must also be consistent with the needs and welfare of the
                   public. In particular DHEC - Division of Water Quality shall consider the
                   comments and objections of the affected agencies as well as the public, and the
                   extent to which:

                   I . the activity requires construction in, on or over a navigable waterway, and the
                       economic benefits to the State and public from such location;

                   2.  the activity would harmfully obstruct navigability or the natural       flow of
                       navigable waters or cause erosion, shoaling of navigable channels, or the
                       creation of stagnant waters;

                   3.  the activity would impact fish and wildlife, water quality and other natural
                       resource values or could affect the habitats or rare and endangered species
                       of wildlife and irreplaceable historic and archaeological sites associated with
                       public lands and waters;

                   4.  the activity could affect public access to and use of public lands;

                   5.  the economic benefits to the State and public from the authorized use of
                       lands and waters meets or exceeds the benefits from preservation of the
                       area in its unaltered state;




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                        6.  there is any adverse environmerital impact which cannot be avoided by
                            reasonable safeguards;

                        7.  all feasible alternatives are taken to avoid adverse environmental impact
                            resulting from the project; and,

                        8.  the long range, cumulative effects of the project, including the cumulative
                            effects of similar projects, may affect navigable waters.

                        b.  Time for Response
                        All State agencies receiving public notice of permit applications must submit their
                        comments directly to DHEC - Division of Water Quality within 30 days of receipt
                        of the public notice. Requests by State agencies for extensions of time shall be
                        submitted to DHEC - Division of Water Quality in writing before the expiration of
                        the original comment period. A failure to comment, or to request an extension of
                        time during that period, shall be treated as no objection to the application. DHEC
                        - Division of Water Quality may consider untimely comments with good cause
                        shown.


                        c. Form and Scope of Comments
                        DHEC - Division of Water Quality bases its review of comments and supporting
                        materials on any conciliating objections on the terms and conditions of the
                        proposed activity.     Therefore, comments should be objective, and state
                        specifically any conclusions concerning the permit application and include a
                        summary for the supporting information. Objections should be specifically stated
                        and contain supporting material. Comments which are without support, or are
                        limited solely to use of adjacent private highlands, or are without a comparative
                        assessment of the beneficial and detrimental impacts of the projected activity on
                        lands and waters subject to the jurisdiction of DHEC - Division of Water Quality,
                        may, in the discretion of DHEC - Division of Water Quality, be disregarded as
                        non-responsive, or returned for reconsideration or reformulation. All comments
                        shall be made public record, available at DHEC - Division of Water Quality.

                        6. Activities Requiring Only State Construction in Navigable Waters
                        Permits
                        An applicant who seeks a permit from DHEC - Division of Water Quality is
                        responsible for establishing that the proposed activity is consistent with
                        permitting regulations and for providing any information required to make that
                        determination. Failure to provide this information may result in the denial of the
                        permit.

                        Except for the applications filed with federal agencies (described below),
                        applications for State permits shall be made to the South Carolina Department of
                        Health and Environmental Control on forms provided by DHEC - Division of
                        Water Quality (a copy is included in Appendix A, pages 2-5) containing, but not
                        limited to:

                        1. the name and address of the applicant;



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                    2. the location of the proposed activify, including the navigable stream where the
                    construction or activity is contemplated. An appropriate map of the area should
                    be included;

                    3. a brief description of the proposed activity, its purpose and intended use,
                    including a drawing of the type of structures and method of construction including
                    size specifications;

                    4. a plan and elevation drawing showing the general and specific site locations
                    and character of all proposed activities including the size relationship of the
                    proposed structures to the size of the impacted waterway and depth of water in
                    the area and the distance of encroachment of the activity into the water. A hand
                    drawn sketch showing the size and shape of the structure and a location map will
                    be considered sufficient detail for docks, piers, boardwalks or bulkheads without
                    fill and extending no more than 50 feet from the shoreline;

                    5. evidence of ownership or the consent of the owners of the adjacent highland
                    on which any part of the projected activity will be located;

                    6. Certification that the applicant has or will publish a one time notice describing
                    the application in a newspaper of general or local circulation in the county where
                    the encroachment is sought.        Proof of the publication shall be furnished
                    promptly, and the notice by the applicant shall be substantially in the following
                    form:


                                                    PUBLIC NOTICE


                           (Applicant) has applied to the South Carolina Department of
                           Health and Environmental Control for a Construction in Navigable
                           Waters Permit to (brief description of wo ) for (pubflr@prevate) use
                           in name and location of waterbody). Comments will be received
                           by South Carolina Department of Health and Environmental
                           Control at 2600 Bull Street, Columbia, SC, 29201, ATTN: Division
                           of Water Quality, until (insert d2tg - 15 days from the date of this
                           notege).

                    7. When considered appropriate by DHEC - Division of Water Quality, additional
                    information may be required.

                    8. An application fee of $500 for commercial activities and $50 for non-
                    commercial activities is required.

                    DHEC - Division of Water Quality will promptly issue a notice to the affected
                    State agencies and adjacent property owners and make such other notice as it
                    deems appropriate no later than 15 days after receipt of all information
                    necessary to process the application.






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                         7. Activities Requiring Construction in Navigable Waters and Federal
                         Permits
                         When the applicant must obtain authorization from the Corps of Engineers or the
                         Coast Guard pursuant to federal law, the applicant is directed to submit an
                         application to those agencies in the style and on the forms provided by them.
                         However, an agreement between State and federal agencies allows the
                         application to federal agencies to be jointly used, and no separate application
                         may be required for the State permit.

                         The Corps shall publish a joint public notice to provide interested agencies,
                         groups and persons an opportunity to comment on a proposed project. The
                         notice will contain a clear statement of the State permit requirements, and if
                         necessary, certification that the permitted activity does not contravene the
                         Coastal Zone Management Plan. Please note, the federal permitting agency
                         may also require a certificate of water quality or waiver thereof from the
                         Department of Health and Environmental Control.

                         Upon receipt of the joint public notice DHEC - Division of Water Quality shall
                         notify the applicant that a State permit may or may not be required. If on the
                         face of the joint public notice or application therein, it appears that insufficient or
                         inaccurate information is presented, DHEC - Division of Water Quality shall notify
                         the applicant and request such additional or corrected information as may be
                         necessary. In addition to the joint public notice or public letter provided by
                         government agencies, the applicant must publish a one time notice describing
                         the application in a newspaper of general or local circulation in the county where
                         the encroachment is sought.          Proof of the publication shall be ftimished
                         promptly, and the notice by the applicant shall be substantially in the following
                         form:


                                                           PUBLIC NOTICE


                                 ftpkaj2) has applied to the South Carolina Department of
                                 Health and Environmental Control for a Construction in Navigable
                                 Waters Permit to brief descril2tion of work) for (public/private) use
                                 in (name and location of watedxWy). Comments will be received
                                 by South Carolina Department of Health and Environmental
                                 Control at 2600 Bull Street, Columbia, SC, 29201, ATTN: Division
                                 of Water Quality, until (insert date - 15 days from the date of this
                                 notice).

                         Processing of the State permit application by DHEC - Division of Water Quality
                         shall commence upon receipt of the joint public notice and shall be processed
                         concurrently but separately from any federal authorization. The same scope of
                         review described above in Section 6 will be applied to the application for federal
                         and State permits.







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                   8. Concurrent South Carolina Department of Health and Environmental
                   Control Actions
                   Due to State. government restructuring, South Carolina Department of Health
                   and Environmental Control is now administering the Construction Navigable
                   Waters Permitting program that was previously administered by the South
                   Carolina Water Resources Commission for the Budget and Control Board. As a
                   result, the Division of Water Quality manages the Construction in Navigable
                   Waters Permitting Program and the 401 Water Quality Certification Program. To
                   expedite the process, if both actions are required from DHEC - Division of Water
                   Quality, both will be processed concurrently. One proposed decision and one
                   final action will be taken, incorporating the permit and the certification into one.

                   Similarly, if one or both of these actions are required, including Coastal Zone
                   Consistency Certification from DHEC's Office of Ocean and Coastal Resource
                   Management, all actions will be processed concurrently and one proposed
                   decision and one final action will be issued.


                   9. General Guidance
                   a. As the presumed owner of the beds of most South Carolina navigable waters,
                   it is generally the policy of the State not to allow any filling of lands below the
                   mean high water elevation in tidal waters or the ordinarybigh water elevation in
                   non-tidal waters, as this represents a confiscation of State-claimed lands.

                   b. In the interest of protecting navigational safety, bridges spanning South
                   Carolina navigable waters must provide adequate clearances for boating. These
                   clearances are set forth by DHEC - Division of Water Quality.

                   c. In the interest of protecting navigational safety, structures in navigable waters
                   must be constructed within certain limits (generally no more than one-third the
                   distance across the waterway).

                   d. Applicants contemplating major projects are encouraged to contact DHEC -
                   Division of Water Quality prior to submitting a formal application for a permit.
                   DHEC - Division of Water Quality will advise the applicant of the procedures,
                   requirements, and areas of regulatory concern, and in appropriate cases may
                   convene an interagency meeting to assist and guide the applicant in the
                   preparation of the permit application.

                   e. If DHEC - Division of Water Quality tentatively determines: (1) that the
                   proposed activity is likely to produce an adverse impact on navigable waters or
                   other associated natural resources; (2) that the applicant has already agreed to
                   or taken all reasonable and feasible measures to prevent the detriment; (3) that
                   the adverse impact relative to the benefit is not so great as to automatically
                   require a recommendation of disapproval of the proposed activity on that or other
                   grounds; and (4) that the proposed activity otherwise meets the water quality
                   standards, DHEC - Division of Water Quality may request the applicant to submit
                   a proposal to provide or create natural resources benefits. These benefits
                   replace or compensate for the economic, environmental and natural resource
                   benefits lost by the proposed activity.        The proposal compensation or


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                         replacement results in a net gain oi natural resource benefits to the State,
                         considering the detriment or negative impacts of the project.

                         The compensation or replacement, however, may not: (1) be made for a project
                         that produces no benefits to the public or State; or (2) be made where the
                         proposed activity amounts to a taking of public land for private purposes, when
                         there is a reasonable and feasible alternative step, effort, or activity available
                         that prevents or corrects a detriment created by the proposed activity.           A
                         reasonable and feasible alternative step, effort, or activity shall not be deemed
                         unreasonable or infeasible because it would require the applicant to expend
                         more time, effort, or expense than the proposed replacement or compensation
                         offered by the applicant.

                                The following are considered when evaluating a compensation plan:
                                I . whether the compensation is of the same type, quality and extent as
                                    the project area.
                                2.  the need for public access- comparable -to any lost with the project.
                                3.  the location on or near the impacted area.
                                4.  the costs to the landowner and the State.
                                5.  the necessity for financial guarantees or other requirements to ensure
                                    the realization of the public benefit.

                         10. Agency Contact
                         Anyone planning to perform construction or alteration work in navigable waters of
                         South Carolina or waterbodies of uncertain navigability status should contact the
                         DHEC prior to the initiation of any work. DHEC is available to answer, questions
                         on the permitting program, make jurisdictional determinations and provide
                         applications for required permits. Individuals requesting additional information
                         should contact:
                         South Carolina Department.of Health and Environmental Control
                         Division of Water Quality
                         2600 Bull Street
                         Columbia, SC 29201
                         Telephone: 803-734-5300


                         C. SOUTH CAROLINA DEPARTMENT OF HEALTH AND
                         ENVIRONMENTAL CONTROL - OFFICE OF OCEAN AND
                         COASTAL RESOURCE MANAGEMENT

                         1. Coastal Zone Management Program Consistency Certification
                         South Carolina's Coastal Zone Management Act of 1977 (Act 123) defines the
                         State's coastal zone as "afl coastal waters and submerged lands seaward to the
                         State's jurisdictional limits and all lands and waters in the counties of the State
                         which contain any one or more of the critical areas." The critical areas, (1)
                         coastal waters (2) tidelands, and (3) beach and dune systems, fall under the
                         South Carolina Department of Health and Environmental Control - Office of
                         Ocean and Coastal Resource Management's (OCRM) direct permitting authority.


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                   Freshwater wetlands, however, are biven protection through the Coastal Zone
                   Consistency Certification program. Through the certification program the OCRM
                   reviews all activities requiring permits by other State agencies, as well as federal
                   agencies, to determine if the project is consistent with the Coastal Zone
                   Management Program. In order to receive certification approval, an activity must
                   be determined to be consistent with relevant policies contained in the S.C.
                   Coastal Zone Management Program, including the S.C. Stormwater
                   Management and Sedimentation Control Act of 1991. These policies and
                   guidelines are aimed at protecting freshwater wetland areas,. as well as the
                   quality of surface waters. Without the OCRM certification, a federal permit or
                   another State agency permit for the particular activity in question cannot be
                   issued by the permitting agency.

                   Under the South Carolina Stormwater Management and Sediment Reduction
                   Act, a stormwater management plan in compliance with the requirements of
                   existing regulations must be submitted for most land disturbing activities in South
                   Carolina. The OCRM administers the stormwater management program in the
                   eight coastal counties. The stormwater permitting program for the rest of the
                   State is administered by the Department of Health and Environmental Control -
                   Bureau of Water Pollution Control. Currently all land disturbing activities of two
                   acres or greater of actual disturbances require permitting.            In the coastal
                   counties, if the activity is within one-half mile of a receiving waterbody, projects
                   disturbing less than two acres may require a permit depending on the type of
                   project. Land disturbances of five acres or greater require Nonpoint Source
                   Discharge Elimination System construction permits regardless of the location of
                   the activity.   Specific requirements of the permit application, and approval
                   process are based on the amount of actual land disturbance and, if the activity is
                   in the coastal zone, the project's proximity to a receiving waterbody. A fee of
                   $50 per disturbed acre up to a maximum of $1000 is required for all land
                   disturbance activities of greater than two acres. There is no fee charged for
                   government activities (local, state, or federal) or for projects that disturb two
                   acres or less. A $100 fee is assessed on an application for a waiver or variance.
                   The Department of Health and Environmental Control staff conducts periodic site
                   inspections on all land disturbing activities.

                   In summary, a direct OCIRM permit is not required for activities in freshwater
                   wetlands; however, the OCRM certification is mandatory whenever the permit of
                   another State agency or a federal agency is required for a particular activity.
                   The activity must be consistent with the policies of the South Carolina Coastal
                   Zone Management Program.

                   2. Procedure
                   When an individual wants to pursue an activity (e.g., constructing a dock, boat
                   ramp, or bulkhead; dredging in a wetland; mining in a wetland; placing fill in a
                   wetland; impounding a wetland; constructing water supply lines or wastewater
                   lines, etc.) which falls under the permitting authority of a State or federal agency,
                   one must apply to the particular agency or agencies for a permit. That State or
                   federal agency notifies the OCIRM through a standard public notice or other type
                   of notification (depending on the activity involved), and a review of the proposed


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                          activity is begun by the OCIRM stak During the review, the OCRM is also
                          responsible for administering the Stormwater & Sedimentation Permit Program
                          within the coastal zone.


                          The OCIRM review process involves the submittal of site plans and/or site visits
                          and consideration of other available information (e.g., photography, National
                          Wetlands Survey mapping, soil surveys, etc.). Based upon this information the
                          OCIRM then makes a decision as to whether or not the project is consistent with
                          the policies of the Coastal Zone Management Program and notifies the
                          permitting agency, as well as the applicant of its determination.                  This
                          determination will always be one of the following:

                                  a) the project is consistent with the Coastal Zone Management Program
                                  b) the project is inconsistent with the Coastal Zone Management
                                      Program
                                  c) the project is inconsistent but can be made consistent by making
                                      certain identified modifications to the original plans.

                          The OCIRM is responsible for certifying consistency directly to the COE for
                          federal activities, including Nationwide Permits. For all other activities, the
                          OCIRM certifies coastal zone consistency to the Department of Health and
                          Environmental Control, Office of Environmental Quality Control (EQC), which
                          administers the State certification.       In some cases multiple permits and
                          certifications may be required. For example, a single project such as the
                          construction of a roadway or utility line might require; a direct OCIRM permit, a
                          State Navigable Waters Permit, State Water Quality Certification, and a Coastal
                          Zone Consistency Certification. In these instances all uDepartment of Health and
                          Environmental Control actions" are combined into a single State permit or
                          certification. The State certification is issued by EQC for all actions that do not
                          involve a direct OCIRM permit. All EQC and OCRM requirements for certification
                          must be met in any Department of Health and Environmental Control regulatory
                          action.

                          In the instance of a large project/development where a problem (i.e., conflict with
                          the S.C. Coastal Zone Management Program policies) with certification is
                          obvious at the beginning of its review, the staff will try to contact the applicant to
                          make aware the problem(s) in order that plan modifications may be discussed.
                          Developers of large projects (i.e., commercial and/or housing developments) are
                          encouraged to seek the OCIRM input early-on before the application is formally
                          submitted.


                          In the case of the OCRM's review of applications for U.S. Army Corps of
                          Engineers Nationwide Permits, the project review cannot be completed until the
                          applicant places a public notice in a newspaper and forwards a notarized "proof
                          of publication" to the OCIRM. As required in 15 CFR 930.61, applicants for
                          permits to alter a jurisdictional wetland shall publish a one time notice in a
                          newspaper published in the county of the proposed activity or a newspaper of
                          general Statewide circulation. The newspaper notice must be published before
                          the OCIRM can take any action on the proposed activity. No permit application


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                  can be certified by the OCRM within the 15-day period following date of
                  newspaper notice. The following shall be used for the newspaper publication:

                                                   PUBLIC NOTICE


                          (Appkant) will apply (has applied) to the U.S. Army Corps of
                          Engineers for a permit to description of work) for (public/private)
                          use, at/in (Ig-galkm).   Comments will be received by South
                          Carolina Department of Health and Environmental Control, Office
                          of Ocean and Coastal Resource Management, 4130 Faber Place,
                          Suite 300, Charleston, SC 29405 until (insert date, 15 days from
                          the date of this notice).

                  OCRM will have 30 days from the date of the Corps public notice to receive
                  comments from other State agencies involved in the environmental review and to
                  make a certification decision on the proposed activity.

                  Each project is reviewed in accordance with the policies established in the S.C.
                  Coastal Zone Management Program document.               In the case of federally
                  permitted and licensed projects, a Notice of Intent is issued to the permitting
                  agency (e.g., COE), applicant and any commentors; and for State permitted
                  projects, a final certification decision is issued. Both cases provide for a 10 day
                  period during which proposed decisions can be appealed by the applicant or any
                  person(s) adversely affected by the project. Upon receipt of a notice on intent to
                  appeal a certification decision, the OCRM will notify the permitting agency and
                  the applicant, providing 10 days for a statement and supporting information to be
                  submitted in support of the appellant's position. Afterwards, the OCRM will have
                  10 days in which to review the statement and supporting information to make a
                  final decision. (The South Carolina Department of Health and Environmental
                  Control Board handles all appeals, except for those based exclusively on coastal
                  zone issues, which are overseen by the Coastal Zone Appellate Panel.)

                  3. Basic Freshwater Wetland Policy
                  Policies for projects impacting freshwater wetlands in the coastal zone are found
                  in the South Carolina Coastal Zone Management Program. Specific welland
                  policies are included in the management plan for residential, commercial,
                  industrial, and other development projects; however, the underlying policy can be
                  summarized as follows:


                          Project proposals which would require fill or other significant permanent
                          alteration of a productive freshwater wetland will not be approved unless:
                          no feasible alternative exists or an overriding public interest can be
                          demonstrated, and any substantial environmental impact can be
                          minimized.

                  This policy applies to all projects requiring a direct OCRM permit and all projects
                  within the eight-county coastal zone requiring OCRM's certification of any other
                  State or federal permit.




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                         The most basic advice to developers @f land containing freshwater wetlands is to
                         avoid wetland alterations where possible. Encroachment (e.g., filling, dredging,
                         clearing, ditching, impounding) into wetlands will only be allowed in limited
                         circumstances as defined under the policies of the Coastal Zone Management
                         Program. Exceptions are discussed in the following sections on stormwater
                         management and wetland master planning.

                         4. Developing Stormwater Management Systems in Freshwater Wetlands
                         Many projects within the coastal zone will be located within or adjacent to
                         freshwater wetlands. These wetlands are natural filters and can often be utilized
                         as receiving areas for stormwater runoff. Therefore, these wetland systems,
                         when combined with stormwater "best management practices", can frequently be
                         incorporated into the overall drainage plan. The OCIRM does not support the
                         wholesale conversion of natural wetlands into lagoon or lake systems, but will
                         approve the use of these areas in their natural state or with necessary alterations
                         as part of the stormwater management system.

                         When using freshwater wetlands in the stormwater management system, a well-
                         planned effort is required to avoid any potential damage to the natural resources.
                         The system should include a variety of individual "best management practices"
                         that work together to achieve the desired results. For example, a pre-treatment
                         lake located in highground adjacent to a wetland can reduce sediment loads,
                         remove oils and greases and attenuate stormwater volumes. Also, grassed
                         swales could be used to collect and convey stormwater to a distribution system
                         (e.g., spreader swale, overflow berm, riprap discharge structure, etc.) to ensure
                         sheetflow of stormwater through the wetland. This provides for greater contact
                         of the stormwater with the vegetation of the wetland and ensures a longer
                         residence time within the wetland. All projects using wetlands in their stormwater
                         design must incorporate an extensive sediment and erosion control plan during
                         construction. The entire wetland area needs to be protected against any
                         potential sediment intrusion. In addition, all projects of this type should include a
                         mechanism to minimize the amounts of oils and greases entering the wetlands.

                         The following guidelines should be used in designing and constructing such
                         systems:

                                When freshwater wetlands are involved in a project site, the following
                                order of design priorities will be used for stormwater systems:
                                (1) Avoid the wetlands; use highground alternatives, ponds, swales, etc.
                                (2) Use wetlands in their natural state.
                                    (a) Sheefflow stormwater over grassed areas into wetlands using
                                    other best management practices as appropriate.
                                    (b) Manage water levels to maintain the hydrology of the natural
                                    wetland.
                                (3) Excavate storage requirement out of immediately adjacent
                                    highground and overflow into the wetland area for additional
                                    treatment.
                                (4) In special cases where the above alternatives are impractical, the
                                    OCRIVI staff will coordinate with the applicant to identify alternatives.


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                   5. Wetland Master Planning Guidelines
                   The OCRM encourages a comprehensive approach to wetland management. To
                   promote such an approach, the OCRM utilizes a "wetland master planning"
                   concept.

                   If a pre-development wetland master plan is prepared for a project, identifying all
                   wetlands, drainage patterns, and conceptual development, isolated freshwater
                   wetlands of one acre or less in size may be incorporated into the project
                   development as necessary, provided:
                           1. the wetlands contain no endangered species or critical habitat, and;
                           2. the wetland losses are adequately mitigated.

                   The wetland master plan must be certified by the OCRM with input from other
                   reviewing agencies. In the absence of a wetland master plan, the Resource
                   Policies, Chapter 11, Coastal Zone Management Program, will be utilized to guide
                   project certification.

                   6. Agency Contact
                   For information regarding OCRM certification of projects containing freshwater
                   wetlands contact:
                           Coastal Zone Management Division
                           South Carolina Department of Health and Environmental Control
                           Office of Ocean and Coastal Resource Management
                           4130 Faber Place, Suite 300
                           Charleston, SC 29405
                           Telephone: 803-744-5838


                   D. SOUTH CAROLINA DEPARTMENT OF HEALTH AND
                   ENVIRONMENTAL CONTROL, SECTION 401 WATER
                   QUALITY CERTIFICATION

                   1. Introduction
                   Section 401 Water Quality Certification ensures that any activity requiring a
                   federal permit or license and which may result in a discharge to waters of the
                   United States will not cause contravention of the State water quality standards.
                   Activities generally requiring water quality certification are permitted by the U.S.
                   Army Corps of Engineers, the U.S. Coast Guard, and the Federal Energy
                   Regulatory Commission.

                   2. Authorizing Statutes
                   a. Federal
                   Section 401 of the Federal Water Pollution Control Act of 1972 (P.L. 92-500) as
                   amended by the Clean Water Act of 1977 (P.L. 95-217) and the Water Quality
                   Act of 1987 (P.L. 100-4). [U.S.C. 1251 et seq]


                   b. State
                   Not applicable


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                         3. Title of Regulation
                         a. Federal
                         40 CFR 121, State Certification of Activities Requiring a Federal License or
                         Permit.


                         b. State
                         South Carolina Regulation 61 -101, Water Quality Certification

                         4. Fees
                         Major activities and Office of Ocean and Coastal Resource Management permits
                         requiring South Carolina Department of Health and Environmental Control
                         (DHEC) 401 Water Quality Certification - $500.00

                         Minor activities - $50.00

                         5. Other Requirements/issues
                         a.   The federal permit or license cannot be issued without water quality
                         certification. Any conditions of certification become part of the federal permit or
                         license when issued.


                         b. Some projects requiring a permit or license and water quality certification may
                         also require a South Carolina Department of Health and Environmental Control -
                         Office of Ocean and Coastal Resource Management Permit or Division of Water
                         Quality Permit. DHEC certifies that the activities receiving the State permits will
                         not cause violations of water quality standards.

                         c. Applicants are encouraged to participate in a preapplication meeting with the
                         Corps, DHEC, and other State permitting agencies to discuss the project prior to
                         formal application to the Corps.

                         6. Summary of Section 401 Water Quality Certification Applicability and
                         Procedures
                         a. Applicability
                         Any applicant for a federal permit or license for an activity which may result in a
                         discharge to waters of the United States, including wetlands, must receive
                         certification from DHEC that applicable State water quality standards will not be
                         violated. The federal permit or license cannot be issued until after certification is
                         issued, and cannot be issued at all if certification is denied.

                         Certification is required for activities permitted by the U.S. Army Corps of
                         Engineers for activities that may involve a discharge into the waters of the United
                         States, including wetlands.

                         Examples of activities requiring Corps permits are construction of marinas,
                         docks, bulkheads, boat ramps, roadways, impoundments, and canals. U.S.
                         Coast Guard permits for bridge construction require certification. Federal Energy
                         Regulatory Commission licenses for hydroelectric projects require certification.




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                    b. Summary of Certification Procedures
                            1. Application for Certification
                            After an applicant has applied to the U.S. Army Corps of Engineers, the
                            Corps issues a joint Federal/State Public Notice for the proposed activity.
                            This joint public notice serves as application to DHEC for certification.
                            Applicants for other Federal permits or licenses must apply directly to
                            DHEC which issues a separate public notice of the application.

                            2. Public Notice
                            The applicant must publish notice of application in a newspaper of local
                            or general circulation reasonably expected to cover the area affected by
                            the activity. The applicant shall provide DHEC with an affidavit of
                            publication from the newspaper within 15 days of the publication.
                            Newspaper public notice forms are included in Appendix A, pages 6-11.

                            3. Public Hearing
                            DHEC shall hold a public informational hearing whenever 20 or more
                            individual written requests are received during the public comment period
                            and which raise water quality and/or classified use issues. A hearing
                            may also be held whenever DHEC staff determines that it may be useful
                            in reaching a decision on an application.

                            4. Review and Notice of Proposed Decision
                            Written comments submitted during the designated -comment period for
                            each joint public notice are reviewed and considered by DHEC staff. The
                            DHEC staff may request additional information from the applicant any
                            time during the review process, but preferably immediately upon receipt
                            and review of the public notice. After the public comment period and
                            review of all available information, DHEC prepares a written staff
                            assessment     considering     all   application    materials,    supporting
                            documentation, and other comments. DHEC staff will generally complete
                            their assessment within 15 days after the public comment period ends.
                            DHEC then issues a Notice of Proposed Decision which is sent to the
                            applicant, adjacent property owners, agencies with jurisdiction or interest
                            over the activity site, and those persons providing comments in response
                            to the initial notice of application. All aggrieved parties have 15 days to
                            appeal this proposed decision under DHEC Regulation 61-72. Appeals
                            are handled according to the S.C. Administrative Procedures Act and
                            DHEC procedures for contested cases pursuant to Regulation 61-72.
                            The action of the Board on the hearing officer's decision is the DHEC's
                            final decision on appeals. If no appeal is received, the proposed decision
                            becomes DHEC's final action.


                            5.   Restructuring of South Carolina Department of Health and
                            Environmental Control and its Effects
                            On July 1, 1994, at the direction of the South Carolina General Assembly,
                            the South Carolina Department of Health and Environmental Control
                            consolidated its existing permitting functions and programs with those
                            that existed in the South Carolina Water Resources Commission, South



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                                   Carolina Land Resources Conservation Commission, and the South
                                   Carolina Coastal Council (now Office of Ocean and Coastal Resource
                                   Management).       The restructuring was designed to provide better
                                   coordination of environmental permitting and regulatory communication
                                   with business, government and the general public.               Due to this
                                   reorganization, some aspects of the permitting application, review, and
                                   enforcement processes have been altered.

                                   6. Concurrent South Carolina Department of Health and Environmental
                                   Control Actions
                                   Due to State Government restructuring, DHEC is now administering the
                                   Construction in Navigable Waters Permitting Program which was
                                   previously administered by the South Carolina Water Resources
                                   Commission for the Budget and Control Board. As a result, the Division
                                   of Water Quality manages the 401 Water Quality Certification Program
                                   and the Construction in Navigable Waters Permitting Program.                 To
                                   expedite the processes, if both actions are required from DHEC, both will
                                   be processed concurrently. One proposed decision and one final action
                                   will be taken, incorporating the permit and the certification into one action.

                                   If the project is located in the "critical area" of the coastal zone, a Coastal
                                   Zone Management Program consistency determination is required by the
                                   Office of Ocean and Coastal Resource Management.

                          7. Regulations
                          Regulation 61-101, Water Quality Certification, sets forth administrative
                          procedures and technical review criteria for the 401 Water Quality Certification
                          Program.      State regulations 61-68 and 61-69, Water Classifications and
                          Standards, and Classified Waters serve as a basis for decision-making for 401
                          Water Quality Certification.       These regulations: (1) establish appropriate
                          classified water uses to be achieved and protected; (2) establish general rules
                          and specific water quality standards to protect classified and existing water uses;
                          and (3) establish policies to maintain and enhance water quality.                These
                          regulations should be consulted for specifics on: (1) classified uses, (2) general
                          rules and standards for all water, (3) class specific numeric water quality
                          standards, and (4) antidegradation rules.


                          S. Issues
                          Each application is evaluated on a case-by-case basis. Using Regulation 61 -101
                          DHEC determines whether there is reasonable assurance that water quality
                          standards will not be violated and that existing water uses will be maintained.
                          Regulation 61 -101 requires DHEC to consider whether or not a project is water
                          dependent; whether or not there are feasible alternatives which will have less
                          adverse consequences on water quality and classified uses; the intended
                          purpose of the project; and all potential water quality impacts of the project, both
                          direct and indirect, over the life of the project. Certification will be denied if.





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                            1 . the proposed activity permanently alters the aquatic ecosystem in the
                                vicinity of the project such that its functions and values are eliminated
                                or-impaired;
                            2.  there is a feasible alternative to the activity which reduces adverse
                                consequences on water quality and classified uses;
                            3.  the proposed activity adversely impacts waters containing State or
                                federally recognized rare, threatened, or endangered species; or
                            4.  the proposed activity adversely impacts special or unique habitats,
                                such as National Wild and Scenic Rivers, National Estuarine
                                Research Reserves, National Ecological Preserves, or designated
                                State Scenic Rivers.


                   9. Major Issues DHEC Staff Confronts
                   a. Marinas
                   New commercial marinas or expansion of existing marinas in open shellfish
                   harvesting areas are not acceptable due to the creation of prohibited areas
                   where shellfish harvesting is not allowed. This would remove an existing use of
                   the waterbody and would be a violation of the antidegradation rules of Regulation
                   61-68. Generally, marinas in class SFH waters are not certified by DHEC if
                   shellfish resources exist or could exist in such waters. Also, it is crucial that
                   marinas are located in areas which provide adequate flushing. It is the burden of
                   the applicant to provide sufficient evidence to assure DHEC that all marinas will
                   be adequately flushed and that numerical water quality standards will not be
                   violated.


                   b. Dead-end canals
                   Due to the poor circulation and mixing in dead-end canals, water quality
                   standards are often violated in such systems; therefore, lengthy dead-end canals
                   are discouraged. DHEC generally looks unfavorably on applications for canals
                   over 50 feet in length unless technical evidence is provided to assure adequate
                   flushing and water quality.

                   c. Fill material in.wetlands
                   Wetlands function to improve water quality by trapping sediments, nutrients, and
                   pollutants suspended in the water flowing over them. Wetlands also provide
                   habitat for aquatic fauna and flora and other wildlife. Placement of fill material in
                   wetlands can impact these functions and destroy habitat. DHEC considers the
                   specific impacts of the project on water quality, water flow restrictions, wetland
                   functions, and designated and existing uses. Cumulative impacts of fill projects
                   on water quality and designated and existing uses are considered.

                   d. Impoundments in tidal areas
                   Due to documented poor water quality conditions in impoundments and
                   restrictions of tidal exchange affecting aquatic life, new impoundments and
                   reimpoundments of previously diked areas now functioning as natural systems
                   are not certified.      DHEC generally approves maintenance, . repair, and
                   improvements of existing impoundments.





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                          e. Filling freshwater wetlands to create ponds or lakes
                          Such activities are sometimes certified if designed as flow through systems and
                          downstream use and water quality will not be degraded. Also, there must be an
                          indication that upstream discharges of nutrients will not cause eutrophication or
                          nuisance conditions in the pond or lake. Wetland impacts will also be considered
                          in DHEC's review.

                          f. Dredging and excavation projects
                          Several factors are considered when reviewing hydraulic dredging projects and
                          excavation using mechanical equipment. These include the quality of sediments
                          to be removed, the proposed spoil disposal area location and design, return
                          water flow quality and discharge location, and the resulting physical
                          characteristics of the area dredged or excavated. The applicant is usually
                          required to provide elutriate testing of the sediments to be dredged for data
                          comparison to State water quality standards. Maintenance of existing canals,
                          basins, and waterways is approved provided they meet original design
                          specifications and DHEC conditions. New projects are closely reviewed to
                          determine water quality impacts from dredging and water quality in the
                          waterbody or channel created by the work. It is the responsibility of the applicant
                          to demonstrate that water quality standards will not be violated by the work.

                          10. Agency Contact
                          Division of Water Quality
                          Bureau of Water Pollution Control
                          Department of Health and Environmental Control
                          2600 Bull Street
                          Columbia, SC 29201
                          Telephone: 803-734-5300

























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                    V. THE PERMITTING PROCESS


                    T
                        e discussion in this section deals with Federal permit requirements and
                       processing procedures under Sections 404 and 401 of the Clean Water Act
                    and Section 10 of the Rivers and Harbors Act. Activities subject to other laws or
                    regulations may have additional requirements not discussed herein. This section
                    attempts to address the following questions.

                           ï¿½   Mat activities require permits?

                           ï¿½ What activities do not require permits?

                           ï¿½ How do I obtain petmits and what are the procedures involved?

                    A. ACTIVITIES REQUIRING FEDERAL PERMITS

                    The following activities specified in 33 CFR Parts 320 - 330 normally require a
                    Department of the Army permit.

                    ï¿½ Dikes and/or dams in navigable waters of the United States.

                    ï¿½  Structures and/or work in or affecting navigable waters of the United States.

                    ï¿½  The discharge of dredged or fill material into waters of the United States.

                    ï¿½  Structures or work outside the limits of navigable waters of the United States,
                       if these activities affect the course, location, or condition of the waterbody in
                       such a manner as to impact on its navigable capacity.

                    ï¿½  The transportation of dredged material for the purpose of dumping it in ocean
                       waters.                     I


                    ï¿½  A tunnel or other structure or work under or over a navigable water of the
                       United States.


                    ï¿½  The construction of artificial islands, installations, and other devices on the
                       seabed, to the seaward limit of the outer continental shelf, pursuant to the
                       Outer Continental Shelf Lands Act as amended.

                    ï¿½  Structures for small boats including; piers, boat docks, moorings, platforms
                       and similar structures in navigable waters of the United States.

                    ï¿½  Aids to navigation, including fixed and floating aids, in a navigable water of
                       the United States.






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                          ï¿½  A canal or other artificial waterwa@ is subject to regulation if it constitutes a
                             navigable water of the United States, or if it is connected to navigable waters
                             of the United States in a manner which affects their course, location,
                             condition, or capacity, or if at some point in its construction or operation it
                             results in an effect on the course, location, condition, or capacity of navigable
                             waters of the United States.

                          ï¿½  The connection to navigable waters of the United States.

                          ï¿½  Power transmission lines crossing navigable waters of the United States
                             unless those lines are part of a water power project, subject to the regulatory
                             authorities of the Department of Energy under the Federal Power Act of
                             1920.


                          ï¿½  Structures in navigable waters of the United States associated with seaplane
                             operations.

                          ï¿½  The landing or operation of submarine cables when the activity affects
                             navigable waters of the United States or involves the discharge of dredged or
                             fill material into waters of the United States or the transportation of dredged
                             material for the purpose of dumping it into ocean waters.

                          ï¿½  The construction, operation, maintenance, or connection of facilities at the
                             borders of the United States which affects the navigable waters of the United
                             States or involves the discharge of dredged or fill material into waters of the
                             United States or the transportation of dredged material for the purpose of
                             dumping it into ocean waters.

                          ï¿½  Structures located within shipping safety fairways and anchorage areas
                             established by the U. S. Coast Guard. The Department of the Army will grant
                             no permits for the erection of structures in areas designated as fairways,
                             except that district engineers may permit temporary anchors and attendant
                             cables or chains for floating or semisubmersible drilling rigs to be placed
                             within a fairway under certain conditions.

                          ï¿½  If any discharge of dredged or fill material resulting from the exempted
                             activities listed in 33 CFR Part 323.4 paragraphs (a)(1) through (6) contains
                             any toxic pollutant listed under section 307 of the Clean Water Act such
                             discharge shall be subject to any applicable toxic effluent standard or
                             prohibition, and requires a Department of the Army permit.

                          ï¿½  Any discharge of dredged or fill material into waters of the United States
                             incidental to any of the exempted activities identified in 33 CFR Part 323.4
                             paragraphs (a)(1) through (6) must have a Department of the Army permit if
                             it is part of an activity whose purpose is to convert an area of the waters of
                             the United States into a use to which it was not previously subject, where the
                             flow or circulation of waters of the United States may be impaired or the
                             reach of such waters reduced. Where the proposed discharge will result in
                             significant discernible alterations to flow or circulation, the presumption is that


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                        flow or circulation may be impaired by such alteration. For example, a permit
                        will be required for the conversion of a cypress swamp to some other use or
                        the conversion of a wetland from silvicultural to agricultural use when there is
                        a discharge of dredged or fill material into waters of the United States in
                        conjunction with construction of dikes, drainage ditches or other works or
                        structures used to effect such conversion. A conversion of a Section 404
                        wetland to a nonwetland is a change in use of an area of waters of the United
                        States. A discharge which elevates the bottom of waters of the United States
                        without converting it to dry land does not thereby reduce the reach, but may
                        alter the flow or circulation of waters of the United States,



                    B. ACTIVITIES EXEMPTED UNDER THE CLEAN WATER
                    ACT

                    When Congress approved the Clean Water Act, it included in the law exemptions
                    for certain activities. Exemptions were written into the law to allow discharges
                    associated with those specific activities to proceed without having to obtain a
                    federal permit pursuant to Section 404. The authority for determining whether an
                    activity is exempt from Section 404 rests with both the U. S. Army Corps of
                    Engineers (COE) and the Environmental Protection Agency. Anyone that
                    believes that an activity they are proposing to undertake is exempt (e.g. farm or
                    stock ponds, agricultural or silvicultural activities in wetlands), should contact the
                    COE to confirm that the work meets the terms of the relevant exemption before
                    proceeding.      Although such verification is not required, it is strongly
                    recommended for all activities with more than minimal impacts to waters of the
                    United States.


                    The following listed activities given in 33 CFR Parts 320 - 330 are exempted from
                    Department of the Army permit requirements under Section 404 of the Clean
                    Water Act. However, if the activity involves a structure or work in or affecting
                    navigable waters of the United States, a permit may' be required under Section
                    10 of the Rivers and Harbors Act of 1899. These exemptions do not obviate any
                    State or local permit requirements nor do they apply to federal permits required
                    by other laws or regulations.

                    1. Normal farming, silviculture and ranching activities such as plowing, seeding,
                    cultivating, minor drainage, and harvesting for the production of food, fiber, and
                    forest products, or upland soil and water conservation practices. To fall under
                    this exemption, the activity must be part of an established (i.e., ongoing) farming,
                    silviculture, or ranching operation and must be in accordance with the definitions
                    given in 33 CFR Part 323.4. Activities on areas lying fallow as part of a
                    conventional rotational cycle are part of an established operation. Activities
                    which bring an area into farming, silviculture, or ranching use are not part of an
                    established operation. An operation ceases to be established when the area on
                    which it was conducted has been converted to another use or has lain idle so
                    long that modifications to the hydrological regime are necessary to resume
                    operations.



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                         2. Maintenance, including emergency'reconstruction of recently damaged parts,
                         of currently serviceable structures such as dikes, dams, levees, groins, riprap,
                         breakwaters, causeways, bridge abutments or approaches, and transportation
                         structures. Maintenance does not include any modification that changes the
                         character, scope, or size of the original fill design. Emergency reconstruction
                         must occur within a reasonable period of time after damage occurs in order to
                         qualify for this exemption.

                         3. Construction or maintenance of farm or stock ponds or irrigation ditches, or
                         the maintenance (but not construction) of drainage ditches.              Discharges
                         associated with siphons, pumps, headgates, wingwalls, weirs, diversion
                         structures, and such other facilities as are appurtenant and functionally related to
                         irrigation ditches are included in this exemption.

                         4. Construction of temporary sedimentation basins on a construction site which
                         does not include placement of rill material into waters of the United States. The
                         term "construction site" refers to any site involving the erection of buildings,
                         roads, and other discrete structures and the installation of support facilities
                         necessary for construction and utilization of such structures. The term also
                         includes any other land areas which involve land disturbing excavation activities,
                         including quarrying or other mining activities, where an increase in the runoff of
                         sediment is controlled through the use of temporary sedimentation basins.

                         5. Any activity with respect to which a State has an approved program under
                         Section 208(b)(4) of the Clean Water Act which meets the requirements of
                         Sections 208(b)(4)(B) and (C).

                         6. Construction or maintenance of farm roads, forest roads, or temporary roads
                         for moving mining equipment, where such roads are constructed and maintained
                         in accordance with best management practices to assure that flow and
                         circulation pattems and chemical and biological characteristics of waters of the
                         United States are not impaired, that  'the reach of the waters of the United States
                         is not reduced, and that any adverse effect on the aquatic environment will be
                         otherwise minimized. These best management practices (for a copy of best
                         management practices contact the S.C. Forestry Commission) which must be
                         applied to satisfy this provision shall include those detailed best management
                         practices described in the State's approved program description pursuant to the
                         requirements of 40 CFR Part 233.22(i), and shall also include the baseline
                         provisions given in 33 CFR Part 323.4.

                         7. Federal projects which qualify under the criteria contained in Section 404(r) of
                         the Clean Water Act are exempt from Section 404 permit requirements, but may
                         be subject to other state or federal requirements.

                         For several years the Environmental Protection Agency made case-by-case
                         decisions on many of these exemptions. Recently, that role has       'been returned
                         to the Corps of Engineers. The Charleston District Corps of Engineers is
                         currently working on specific guidelines for application of these exemptions.



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                    Exceptions To Exemptions Under The Clean Water Act
                    Any discharge of dredged or fill material resulting from the activities listed above
                    in paragraphs (1) through (6) containing any toxic pollutant listed under Section
                    307 of the Clean Water Act shall require a Section 404 permit.

                    Any discharge of dredged or fill material into waters of the United States
                    incidental to any of the activities identified above in paragraphs (1) through (6)
                    must have a permit if it is part of an activity whose purpose is to convert an area
                    of the waters of the United States into a use to which it was not previously
                    subject, where the flow or circulation of waters of the United States may be
                    impaired or the reach of such waters reduced. Where the proposed discharge
                    will result in significant discernible alterations to flow or circulation, the
                    presumption is that flow or circulation may be impaired by such alteration. For
                    example, a permit will be required for the conversion of a cypress swamp to
                    some other use or the conversion of a wetland from silvicultural to agricultural
                    use when there is a discharge of dredged or fill material into waters of the United
                    States in conjunction with construction of dikes, drainage ditches or other works
                    or structures used to effect such conversion.



                    C. ACTIVITIES EXEMPTED UNDER THE RIVERS AND
                    HARBORSACT


                    The following listed activities given in 33 CFR Parts 320 - 330 are exempted from
                    Department of the Army permit requirements under Section 10 of the Rivers and
                    Harbors Act of 1899. However, if the activity involves the discharge of dredged
                    or fill material into waters of the United States, a Department of the Army permit
                    may be required under Section 404 of the Clean Water Act. These exemptions
                    do not obviate any State or local permit requirements nor do they apply to
                    Federal permits required by other laws or regulations.

                           1. Activities commenced or completed shoreward of established federal
                           harbor lines before May 27, 1970.

                           2. Construction of wharves and piers in any waterbody, located entirely
                           within one state, that is a navigable water of the United States solely on
                           the basis of its historical use to transport interstate commerce.


                    D. PROCESSING PROCEDURES

                    This section addresses the various procedures involved in obtaining approval for
                    work that impacts waters of the United States, which includes wetlands. The
                    procedures involved depend on where the project is located, the type of work
                    proposed, and the size of the area affected by the work. There are basically two
                    processes that may be used.




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                           The Individual Permit Process An lr@dividual Permit is a Department of the Army
                           authorization that is issued following a case-by-case evaluation of a specific
                           project in accordance with the procedures of the applicable regulations and 33
                           CFR Part 325, and a determination that the proposed structure or work is in the
                           public interest pursuant to 33 CFR Part 320.

                           The General Permit- Process, A General Permit means a Department of the
                           Army authorization that is issued on a nationwide or regional basis for a category
                           or categories of activities. This refers to both those permits issued by District or
                           Division Engineers on a regional basis and to Nationwide Permits which are
                           issued by the Chief of Engineers through publication in the Federal Register.

                           1. The Individual Permit Process
                           If a project involves one or more of the activities which require permits (e.g. fill in
                           U.S. waters) and, one or more of those activities is not exempted and'does not
                           qualify for authorization under a General Permit, then an Individual Permit will be
                           required. Furthermore, regardless of the federal General Permits, any activity in
                           the critical area of the coastal zone may require a State Permit., (Please contact
                           the Office of Ocean and Coastal Resource Management for information
                           obtaining to State permits for activities in the critical area.) The Individual Permit
                           process and the information needed to begin this process is outlined in a booklet
                           entitled "U.S. Army Corps of Engineers, Regulatory Program, Applicant
                           Information." Copies are available upon request from the COE or the South
                           Carolina Department of Health and Environmental Control.

                           In most cases, a permit or certification will also be required from the South
                           Carolina Department of Health and Environmental Control.                 To facilitate
                           processing of the permit application, agreements have been implemented
                           between the COE and the South Carolina Department of Health and
                           Environmental Control which allow for the joint processing of permit applications.
                           Joint procedures are those developed between the COE and State agencies or
                           other federal agencies with ongoing permit programs for activities regulated by
                           the Department of the Army. Such procedures may be substituted for the
                           procedures in 33 CFR Part 325.2, paragraphs (a)(1) through (5) provided that
                           the substantive requirements of those sections are maintained.

                           Under the COE and South Carolina Department of Health and Environmental
                           Control joint procedures, if the work requires both a Department of the Army
                           permit and either a State navigable water permit, or a State Coastal Zone
                           Consistency Certification, or a State 401 Water Quality Certification, then an
                           application need only be submitted to the Corps of Engineers for both the federal
                           and State Permits or certifications. This eliminates duplication of paperwork and
                           effort in the preparation of the necessary information that is required to begin this
                           process.

                           Projects that are located in the "critical areas" of the coastal zone are processed
                           jointly with the South Carolina Department of Health and Environmental Control -
                           Office of Ocean and Coastal Resource Management.



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                    Projects that are located in the non-critical areas of the coastal zone are
                    processed jointly with the South Carolina Department of Health and
                    Environmental Control - Division of Water Quality.

                    Projects that are located inland of the coastal zone, are processed jointly with the
                    South Carolina Department of Health and Environmental Control - Division of
                    Water Quality.

                    a. Pre-Application
                    For projects with potentially significant or controversial impacts it may be
                    advisable to present your project to the permitting and certifying agencies prior to
                    submittal of an application for an Individual Permit. A pre-application meeting can
                    provide information that may make the project more environmentally acceptable.
                    Often such meetings point out potentially less damaging alternatives which may
                    minimize the concerns of the environmental review agencies. Pre-application
                    meetings can involve as many or as few agencies as may be appropriate and
                    can be held on-site or in one of the permitting or certifying agency's offices. To
                    discuss arranging for a pre-application meeting, contact a project manager at
                    one of the permitting agencies.

                    b. Application Informational Requirements
                    The permit process starts with the submittal of an application form and drawings
                    which clearly depict the work being proposed. When an application is received
                    by the COE it is assigned to a project manager and is given a number for
                    identification purposes. The project manager will be responsible for all actions
                    associated with its processing and will ultimately recommend the final action to
                    the District Engineer or his designee. All questions regarding the application.
                    should be directed to the project manager except that for questions related
                    exclusively to the State permit or certification process, the applicant should
                    contact the appropriate State agency directly.

                    The COE permit booklet contains an application form and sample drawings. A
                    copy of the application form is included in Appendix A, pages 12-15, of this
                    handbook. Additional drawing samples and information are generally made
                    available upon request. One of the important parts of a submittal is a complete
                    written description of the project, the work to be performed and a concise and
                    accurate statement defining the project's primary purpose.         In addition, the
                    dimensions (i.e., length, width, depth) and quantities (i.e., acres, cubic yards) of
                    all impacts to aquatic areas should be provided. For non-water dependent
                    projects and projects with more than minimal impacts, the applicant may help
                    reduce processing time by submitting a written alternatives analysis and a
                    compensatory mitigation proposal along with the application.

                    The drawings depicting the project must be clear, accurate, and contain all
                    necessary information. The informational requirements for application drawings
                    are listed below. Sample drawings are included in Appendix A, pages 16-25. In
                    addition to the drawings submitted with your application, large scale total
                    development plans with the wetland bounda0y annotated thereon may also be
                    provided if necessary to adequately review the project.


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                           An application will be determined to be complete when sufficient information is
                           received to issue a public notice. The public notice is the primary method of
                           advising all -interested parties of the proposed activity for which a permit is
                           sought and of soliciting comments and information necessary to evaluate the
                           probable impact on the public interest. The notice must, therefore, include
                           sufficient information to give a clear understanding of the nature and magnitude
                           of the activity to generate meaningful comment. The following items will normally
                           be required as the minimum information necessary to consider an Individual
                           Permit application complete.

                           Basics. The following items are required.

                                   ï¿½ A completed application form.
                                   ï¿½ The name and address of the applicant.
                                   ï¿½ The location, purpose, intended use and need for the'proposed
                                     activity.
                                   ï¿½ The names and addresses of adjoining property owners.
                                   ï¿½ The location and dimensions of adjacent structures.
                                   ï¿½ Scheduling of the activity.

                           Authorizations. A list of other government authorizations obtained, requested, or
                           required from other federal, interstate, state, or local agencies, including all
                           approvals received or denials already made.

                           Signature. The application must be signed by the person who desires to
                           undertake the proposed activity (i.e. the applicant) or by a duly authorized agent.
                           When the applicant is represented by an agent, that information must be
                           included on the application or by a separate written statement. An application
                           may include the activity of more than one owner provided the character of the
                           activity of each owner is similar, in the same general area, and each owner
                           submits a statement designating the same agent.

                           Coastal Zone Management Cerfification. For non-federal applications in the
                           coastal zone, the application must include a statement of compliance with the
                           Coastal Zone Management Plan. A sample statement of compliance is available
                           in Appendix A, page 26. You may use the sample statement or prepare one.

                           Maps. A location map showing the site of the proposed activity must be
                           furnished. The site must be clearly marked and shown relative to the nearest
                           major waterways, roads, and cities in the area. The source and date of the map
                           used must be written on the map. Maps are considered drawings and must
                           conform to the general requirements given for drawings (i.e., 8Y2n x 11 " paper, no
                           coloring, title block, etc.). Maps must have a title block similar to other drawings
                           and must be included in the drawing numbering scheme (i.e., sheet - of _ ).
                           Do not provide large size maps. A copy of a portion 'of a large map is
                           acceptable. Acceptable map sources include:





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                           ï¿½ United States Coast and G6odetic Survey Charts.
                           ï¿½ United States Geological Survey Maps.
                           ï¿½ Other federal maps or charts available to the public.
                           ï¿½ State or county maps.

                  General Drawing Requirements. A complete description of the proposed activity
                  is required, including drawings sufficient for public notice. Detailed engineering
                  plans and specs are not required.           Drawings must meet the following
                  requirements:

                           ï¿½  Plans must be drawn with dark pencil or black ink on 81/2" x 11 " paper.
                              Leave at least a Y2" unused border area on each sheet. All drawings
                              and writings must be clear, readable, and reproducible using standard
                              (non-color) office copy machines. Do not duplex drawings.

                           ï¿½  Drawings must be in black and white only. Do not use colored inks or
                              pencils. Instead use shading, hatching, or other annotated graphic
                              symbology.

                           ï¿½  Drawings should not show the approval, comments, or action of any
                              government agency.

                           ï¿½  A title block is required for each drawing sheet (including maps). The
                              title block must include the applicant's name, project name, project
                              location, drawing date, drawing number (i.e., sheet _ of _), and
                              sufficient unused space for future revision dates and a 12 digit file
                              number.


                           ï¿½  Drawings must have all relevant dimensions shown for each view. In
                              addition, it is desirable that a graphic drawing scale be shown. Do not
                              use ratio scales (i.e., V = 80       on reduced plans because ratio
                              scaling will give inaccurate information on the reduced copy.

                  Plan View and Cross-Section View Drawing Requirements. Plan and elevation
                  drawings are required showing the general and specific site location and
                  character of all proposed activities, including the size relationship of the
                  proposed structures to the size of the impacted waters and depth of water in the
                  area. The drawings must include the following information:

                           ï¿½ Plan and cross section views for each work, structure, fill, and
                             excavation proposed.

                           ï¿½ In tidal waters, the direction of tidal ebb and flow must be shown.

                           ï¿½ Existing and proposed ground contours must be shown on each cross
                             section view.


                           ï¿½ Any existing marsh or wetland areas within the project boundaries or
                             impacted by the work must be delineated on the plans.


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                                ï¿½   Each proposed structure, work, fill, or excavation must be clearly
                                    shown and located with respect to either a plat line or some fixed
                                    immovable object.

                                ï¿½   Disposal areas for all dredged or fill material must be shown. Cross
                                    hatching or shading and appropriate notes must clearly show these
                                    areas.


                                ï¿½   Any proposed or existing retaining structures (e.g. embankments,
                                    bulkheads) for dredged or fill material must be shown.

                                ï¿½   Property boundaries and names of adjacent property owners must be
                                    shown on the plans.

                                ï¿½   In tidal waters, contour and datum elevation references must be
                                    shown as follows:


                                    # The existing and proposed water depths and land elevations must
                                      be shown relative to the nearby mean low water contour or
                                      elevation.


                                    * The mean low water and mean high water contours must be shown
                                      on all views.

                                    * The directions of tidal ebb and flow must be apparent or indicated
                                      on the plans.

                                ï¿½   In non-tidal waters, contour and datum elevation references must be
                                    shown as follows:


                                    # In fe derally navigable waters, existing and proposed water depths
                                      and land elevations must be shown relative to mean sea level.


                                    # In federally non-navigable waters, existing and proposed water
                                      depths and land elevations may be shown relative to the nearby
                                      ordinary high water contour, or to mean sea level.

                                    # In rivers and streams, the ordinary high water contour must be
                                      shown on all views. Also, the direction of flow must be shown.

                                    * In lakes, the normal high water level of the lake must be shown on
                                      the plans.

                                ï¿½   For projects which encroach upon or lie adjacently to a site on which
                                    the federal government has an easement to either deposit dredged
                                    material or excavate to improve channel operations, the drawings
                                    must clearly show the extent of encroachment or indicate if none is
                                    intended.




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                    TerTitorial Seas. For activities occurring in the territorial seas or ocean waters, a
                    description of the activity's relationship to the baseline from which the territorial
                    sea is measured must be provided.

                    Section 103. For Section 103 (ocean dumping) activities the application must
                    include:
                            ï¿½  The specific location of the proposed disposal site and its physical
                               boundaries;

                            ï¿½  A statement as to whether the proposed disposal site has been
                               designated for use by the Administrator, Environmental Protection
                               Agency, pursuant to section 102(c) of the Act;

                            ï¿½  If the proposed disposal site has not been designated by the
                               Administrator, Environmental Protection Agency, a description of the
                               characteristics of the site and an explanation as to why no previously
                               designated disposal site is feasible;

                            ï¿½  A brief description of known dredged material discharges at the
                               proposed disposal site;

                            ï¿½  Existence and documented effects of other authorized disposals that
                               have been made in the disposal area (e.g., heavy metal background
                               reading and organic carbon content);

                            ï¿½  An estimate of the length of time during which disposal would continue
                               at the proposed site;

                            ï¿½  Information on the characteristics and composition of the dredged
                               material.


                    Dredging. For dredging in navigable waters of the United States, the application
                    must include:


                            ï¿½ The method of dredging;
                            ï¿½ The site and plans for disposal of the dredged material;
                            ï¿½ A description of the type, composition and quantity of the material to
                               be dredged.

                    Fills and Platforms. For construction of a filled area or platform supported by
                    piles or floats, the project description must include:

                            ï¿½ The use of the fill or platform;
                            ï¿½ Specific structures to be erected on the fill or platform.

                    Discharges. For the discharge of dredged or fill material into waters of the
                    United States or transportation of dredged material for disposal in ocean waters,
                    the application must include:



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                                   ï¿½ The source of the material,
                                   ï¿½ The purpose of the discha@ge;
                                   ï¿½ A description of the type, composition and quantity of the material;
                                   ï¿½ The method of transportation and disposal of the material;
                                   ï¿½ The location of the disposal site.

                          Impoundment Structures.         For activities involving the construction of an
                          impoundment structure, the applicant must demonstrate that the structure
                          complies with established State dam safety criteria or that the structure has been
                          designed by qualified persons and independently reviewed (and modified as the
                          review indicates) by similarly qualified persons. No specific design criteria will be
                          prescribed nor will an independent detailed engineering review be made by the
                          District Engineer.

                          Artificial Reefs. For activities involving construction or placement of an artificial
                          reef, as defined in 33 CFR 322.2(g), in the navigable waters of the United States
                          or in the waters overlying the outer continental shelf, the application must include
                          provisions for siting, constructing, monitoring, and managing the reef.

                          c. Initial Review
                          The project manager, upon receipt of an application, will check to see if all
                          necessary information has been provided. If the project manager determines
                          that the application is incomplete, the project manager will notify the applicant
                          what additional information is required to complete the application.

                          d Public Notice
                          When the application is determined to be complete, a public notice will be
                          prepared. - This notice will be mailed to local, State, and federal agencies,
                          adjacent property owners, and other interested persons or groups that have
                          requested to be placed on the public notice mailing list. The public notice will
                          specify a fixed number of days during which comments may be provided to the
                          permitting and certifying agencies identified in the notice. Because of differences
                          in State and federal review procedures, the comment period may not be the
                          same length of time for each permitting or certifying agency.

                          e. Comment Review
                          When the comment period has ended, an assessment of all comments received
                          will be made by the project manager. If substantive objections have been
                          received, the applicant will be provided copies of these objections. The applicant
                          will then be given an opportunity to attempt to resolve the concerns of the
                          objecting parties or to submit a rebuttal. However, this is not required and the
                          applicant may request that the District Engineer make a decision based on the
                          application as submitted in light of the unresolved objections and with no rebuttal
                          statement from the applicant.

                          f. Decision Making
                          After all the required State permits and certifications are issued, the project
                          manager will begin the decision making process on the federal permit. (Please



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                   note that if any of the required Siate or local permits or certifications are
                   denied the COE cannot issue the federal permit.)

                   The decision making process involves an evaluation of the probable impact
                   including cumulative impacts of the proposed activity on the public interest and, if
                   appropriate, includes application of the guidelines given at Section 404(b)(1) of
                   the Clean Water Act as promulgated by the Administrator of the Environmental
                   Protection Agency. The benefits which reasonably may be expected to accrue
                   from a proposal are balanced against its reasonably foreseeable detriments. All
                   factors which may be relevant to the proposal are considered, including their
                   cumulative effects. The factors considered by the COE include conservation,
                   economics, aesthetics, general environmental concerns, wetlands, historic
                   properties, fish and wildlife values, flood hazards, flood plain values, land use,
                   navigation, shoreline erosion and accretion, recreation, water supply and
                   conservation, water quality, energy needs, safety, food and fiber production and,
                   in general, the needs and welfare of the people.

                   As mentioned above, every application involving the discharge of dredged or fill
                   material into waters of the United States must be evaluated for compliance with
                   the "404(b)(1) Guidelines" which are published at 40 CFR Part 230. This review
                   involves an assessment of the project's impacts on the aquatic environment to
                   determine if it is or is not in compliance with the Guidelines. The Guidelines are
                   prejudiced against discharges of dredged or fill material into waters of the United
                   States, including wetlands, for nonwater dependent activities. For nonwater
                   dependent projects, the Guidelines compel the COE to place the burden of proof
                   on applicants to conclusively demonstrate that their projects will not cause an
                   unacceptable adverse impact to our nation's aquatic resources and that lesser
                   damaging alternatives are not available. Even if a project is 'Water dependent",
                   the Guidelines are designed to hold encroachments into aquatic areas to a
                   minimum.


                   In keeping with the Guidelines and the National Environmental Policy Act
                   (NEPA), the COE and EPA entered into a Memorandum of Agreement on
                   mitigation. This Memorandum of Agreement requires that the COE use a
                   sequenced approach to evaluating project alternatives. The Memorandum of
                   Agreement specifies that, when assessing a project's impacts, the COE must
                   first ensure that the impacts cannot be avoided (e.g., constructing the proposed
                   facility on an upland, non-aquatic site). If the project must be located in an
                   aquatic area to fulfill its basic purpose, and less damaging sites are not available,
                   the COE must ensure that the prgiect's impacts are minimized to the extent
                   practicable taking into consideration cost. logistics, and existing technologigs.
                   Once it is determined that avoidance is not practicable and all efforts have been
                   made to minimize the project impacts to the environment, then, and only then,
                   compensatory mitigation may be considered to compensate for the project's
                   unavoidable impacts.

                   In addition to the 404(b)(1) evaluation, an Environmental Assessment is
                   prepared to determine if an Environmental Impact Statement is required. This is
                   a requirement of the National Environmental Policy Act. If the project manager


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                         determines that additional information is required to complete 'the 404(b)(1)
                         evaluation, the Environmental Assessment, or the public interest review, then the
                         project manager will notify the applicant what additional information is required.
                         Until all necessary information is available to complete these evaluations, the
                         COE cannot reach a decision on the permit application.

                         If the project has been found to be in compliance with the 404(b)(1) guidelines
                         and the Environmental Assessment has concluded with a Finding of No
                         Significant Impact on the human environment, then a decision document is
                         prepared. This document is the decision maker's written evaluation of all
                         comments and concerns expressed, how these comments were considered in
                         the decision and why they were either rejected or accepted.

                         2. The General Permit Process
                         A General Permit (GP) means a Department of the Army authotization that is
                         issued on a nationwide or regional basis for a category or categories of activities.
                         This refers to both those permits issued by District or Division Engineers on a
                         regional basis and to Nationwide Permits which are issued by the Chief of
                         Engineers through publication in the Federal Register.

                         Regional Permits are a type of General Permit. They may be issued by a
                         Division or District Engineer. The issuing authority will determine and add
                         appropriate conditions to protect the public interest. When the issuing authority
                         determines on a case-by-case basis that the concerns for the aquatic
                         environment so indicate, the authority may exercise discretionary authority to
                         override the Regional Permit and require an individual application and review.
                         No Regional Permit can be issued for a period of more than five years. In South
                         Carolina, the COE currently has authorized several Regional GPs. Three of
                         these deal with activities in certain lakes (e.g. Lakes Murray, Marion, and
                         Moultrie) and one covers certain activities by individuals in the critical areas of
                         the coastal zone. The existing Regional GPs in South Carolina have very limited
                         applicability to industrial or commercial development and therefore will not be
                         discussed further in this section. However, at the time of this writing, the COE is
                         working to develop one or more Regional GPs for mining activities.

                         Nationwide Permits (NWPs) are a type of General Pennit issued by COE
                         Headquarters on a nationwide basis. If certain terms and conditions are met, the
                         specified activities can take place without the need for an individual or regional
                         permit. NWPs must be certified by certain agencies in each state before they
                         take effect in the state. By denying certification for a particular NWP, state
                         agencies can require that activities which would otherwise have qualified for the
                         NWP be processed under the Individual Permit process. As stated in 33 CFR
                         330.6(d)(2), NWPs do not apply, even if a portion of the project is not dependent
                         on the rest of the project, when any portion of the project is subject to an
                         enforcement action by the Corps or Environmental Protection Agency.

                         The NWPs are periodically reviewed, modified, or reissued by COE
                         Headquarters. The current schedule calls for such reconsideration every five
                         years. However, this schedule is subject to change at any time. Persons


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                    pursuing activities under the authdrity of a NWP should make themselves
                    informed of the current status and conditions of the NWP. Activities affecting
                    waters of the United States which do not qualify for one or more GPs may
                    require an Individual Permit. The NWPs do not obviate any State or local permit
                    requirements nor do they apply to federal permits required by other laws or
                    regulations. Also, note that regardless of the listed NWPs, any activity in the
                    critical areas of the coastal zone may require a State permit.

                    Details regarding local processing procedures for NWPs are given in Charleston
                    District's Regulatory Branch Standard Operating Procedure (SOP) titled
                    "Nationwide Permits - Policies & Procedures." A copy of the SOP is included as
                    Appendix B. The purpose of the SOP is to provide written guidance regarding
                    the policies, interpretations, and procedures used by Charleston District
                    regulatory personnel in the processing of requests for verification or authorization
                    under the NWPs. The SOP helps to provide regulatory personnel, resource
                    agencies, and the public with a framework that will provide predictability and
                    consistency in the NWP process. The key elements of the SOP are presented
                    below.


                    A key element of the SOP is the establishment of allowable impact thresholds
                    with the goal that these will be used as project design criteria. Appropriate
                    application of these criteria should minimize uncertainty in the NWP approval
                    process and allow expeditious review of applications. However, nothing in the
                    SOP constitutes a promise or guarantee that a project which satisfies the criteria
                    or guidelines will not be subject to the exertion of discretionary authority. The
                    Corps has a responsibility to consider each project on a case-by-case basis and
                    may determine in any specific situation that authorization under a NWP should
                    be modified, suspended, or revoked.

                    a. Notirication Requirements
                    Before doing any work requiring authorization under a NWP for which notification
                    is required, the prospective permittee must submit written notification to the Army
                    Corps District Engineer in accordance with the notification procedures. Projects
                    which qualify under one or more NWPs, and which do not require notification,
                    other authorizations, or other permits may proceed without notification as long as
                    the project is conducted in complete accordance with the terms and conditions of
                    the NWPs. All notifications must be in writing and must be clear, readable, and
                    reproducible using standard, non-color, office copy machines. All necessary
                    signatures must be originals. Copied or faxed signatures may not be accepted
                    except in unusual or emergency situations and if allowed must be followed up by
                    submittal of originals.

                    b. Initial Review
                    Upon receipt of a notification the Corps will review the notification and determine
                    which of the following actions is appropriate.

                           (1) Incomplete Notifi    cations.      For notifications with incomplete
                           information, the applicant will be instructed what additional items are
                           required to make the notification complete.


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                                 (2) No Distributim. For requists for verification involving NWPs 1-4, 6,
                                 8-10, 15, 20, 24, 25, or 36 no public notice or other distribution is
                                 required.    The COE will review the notification and will notify the
                                 prospective permittee whether or not the proposed work appears to meet
                                 the terms and conditions of the NWPs.

                                 (3) Distribution, For notifications involving NWPs 5, 7, 12-14, 16-19, 21-
                                 23, 26-35, and 37-40 the Charleston District has developed local
                                 coordination procedures with State and federal agencies. Under these
                                 procedures a prospective permittee submits the notification directly to the
                                 COE. After review, the COE will forward copies of the notification to the
                                 appropriate agencies requesting their review within a specified time
                                 period.

                         c. The Decision Period
                         Except as explained below, for NWPs which require notification, an applicant
                         may presume that his project qualifies for the NWP unless otherwise notified by
                         the Corps within a 30 day period following receipt of the notification by the
                         District Engineer. However, the 30 day period allowed for the District Engineer's
                         review does not begin until receipt by the District Engineer of a complete
                         notification. The applicant may contact the project manager at any time to
                         determine the status of the notification review.


                         Activities located in the critical areas of the coastal zone under any NWP, except
                         NWPs 16 and 17, do not require activity specific State Water Quality or Coastal
                         Zone Consistency Certifications. However, note that a State permit may be
                         required.

                         Activities located in any area of South Carolina under NWPs 16 or 17 require an
                         activity specific State Water Quality Certification.

                         Activities located in any area of South Carolina under NWPs 5, 7, 12-14, 21, 22,
                         34, 37, or 38, do not require activity specific State Water Quality or Coastal. Zone
                         Consistency Certifications.

                         Activities located inland of the coastal zone with one acre or more of impacts to
                         waters of the United States under NWP 26, require an activity specific State
                         Water Quality Certification.

                         Activities located in the non-critical area of the South Carolina Coastal Zone
                         under NWPs 18, 19, 23, 26-33, 35, or 40, require an activity specific State
                         Coastal Zone Management Certification.

                         If the Corps notifies the applicant that the notification is incomplete, a new 30
                         day period will commence upon receipt of the revised notification. If a wetland
                         delineation is required, the 30 day period will not start until the wetland
                         delineation has been completed. The prospective permittee may not proceed
                         with the proposed activity before expiration of the 30 day period unless otherwise
                         notified by the District Engineer. If the Corps fails to act within the 30 day period,


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                   the District Engineer may use the Orocedures of 33 CFR 330.5 in order to
                   modify, suspend, or revoke the NWP authorization.

                   d. Review of Notifications
                   The terms and conditions of certain NWPs require the Corps to review the
                   proposed activity before the NWP authorizes its construction. However, the
                   Corps has the authority to review any activity authorized by NWP to determine
                   whether the activity complies with the NWP.          The Corps will review all
                   notifications and determine if the individual and cumulative adverse
                   environmental effects are minimal.


                   Actions for minimizing the adverse effects of discharges are given in the
                   404(b)(1) guidelines at 40 CFR Part 230, Subpart H. Additional guidance given
                   in the discussion section of 33 CFR part 330 states that interpretation of what is
                   considered minimal is left to the discretion of the District Engineer.         The
                   discussion further states that what is considered minimal can vary from state to
                   state, county to county, and watershed to watershed. The factors used in
                   determining what is minimal must be based on the environmental setting of the
                   district and the project. Review of notifications includes the following steps:

                          (1) Consideration of State and Local Permitting Authorities. The Corps
                          will deny without prejudice any activity which has been denied by any
                          State or local authority.

                          (2) Consideration of Comments. The Corps will consider any comments
                          received concerning the proposed activity's compliance with the terms
                          and conditions of a Nationwide Permit or the need for mitigation to reduce
                          the project's adverse environmental effects to the minimal level. The
                          Corps will fully consider agency comments received within the time frame
                          specified in the local procedures, but need not provide response to the
                          resource agency. The Corps will indicate in the administrative record
                          associated with each notification that the resource agencies' concerns
                          were considered.


                          (3) Consideration of Discretionary Authori - As stated in 33 CFR
                          330.1 (d) and 330.4(e), District Engineers have been delegated a
                          discretionary authority to suspend, modify, or revoke individual
                          authorizations under a NWP. This authority may be used to condition or
                          restrict the applicability of a NWP for cases where the Corps has
                          concerns for the aquatic environment under the Clean Water Act Section
                          404(b)(1) Guidelines or for any factor of the public interest. When
                          deciding whether to exercise discretionary authority to modify, suspend,
                          or revoke a case specific activity's authorization under a NWP, the Corps
                          shall follow the procedures and guidelines given in 33 CFR Part 330.5.








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                          e. Decision Options
                          The decision Options following the notification review are as follows.

                                 (1) Authorize Without Modification. If the Corps determines that the
                                 activity meets the terms and conditions of the NWP, and that the
                                 individual and ' cumulative adverse impacts are minimal, and that no
                                 additional conditions are necessary, then the Corps will notify the
                                 permittee that he/she may proceed in accordance with the provisions of
                                 the NWP.


                                 (2) Modify the NWP Authorization. The Corps may add activity specific
                                 conditions to ensure that the activity complies with the terms and
                                 conditions of the NWP and that the adverse impacts on the aquatic
                                 environment and other aspects of the public interest are individually and
                                 cumulatively minimal.

                                 (3) Require Mitigatism. If the Corps determines that the adverse effects
                                 are more than minimal, the Corps may notify the prospective permittee
                                 that measures may be proposed to mitigate the loss of aquatic sites,
                                 including wetlands, to reduce the adverse impacts to minimal. The
                                 prospective permittee may elect to propose mitigation with the original
                                 notification. The Corps will consider any proposed mitigation when
                                 deciding if the impacts are minimal. The Corps shall add activity specific
                                 conditions to ensure that the mitigation will be accomplished. If sufficient
                                 mitigation cannot be developed to reduce the adverse environmental
                                 effects to the minimal level, the Corps will not allow authorization under
                                 the NWP and will instruct the prospective permittee on procedures to
                                 seek authorization under an Individual Permit.

                                 As a general policy, the Charleston District Regulatory Branch will
                                 routinely conclude that notifications involving total adverse ecological
                                 effects of more than one acre will cause more than minimal'adverse
                                 effects and therefore cannot be authorized under a NWP unless sufficient
                                 compensatory mitigation is submitted to reduce the adverse effects to the
                                 minimal level. Notifications involving impacts of less than one acre will be
                                 reviewed on an individual basis to determine whether or not the impacts
                                 are at the minimal level. Notwithstanding the above, not all activities
                                 affecting more than one acre will cause more than a minimal adverse
                                 effect. Therefore, each proposed activity must be evaluated on a case-
                                 by-case basis. The Council on Environmental Quality defined at 40 CFR
                                 Part 1508.20 that mitigation includes avoiding the impact, minimizing the
                                 impact, rectifying the impact, reducing or eliminating the impact over time,
                                 and compensating for the impact by replacing or providing substitute
                                 resources or environments. Additionally, there may be cases where the
                                 required mitigation will be in keeping with the guidance given in 33 CFR
                                 Part 330, Appendix A (c)(13)(1).         Normally, before pompensatory
                                 mitigation is considered, other categories of mitigation should be
                                 evaluated.




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                           State Approved Mitigation Plan.          In determining if a proposed
                           compensatory mitigation plan which has been approved by the State
                           permitting agency is sufficient to reduce the adverse ecological effects to
                           the minimal level, the Corps will use the following guidelines.

                               (a) If there were no written concerns or objections received from any
                               resource agency, then the Corps will usually consider the mitigation to
                               be sufficient.


                               (b) If written concerns or objections were received from any resource
                               agency in response to the Public Notice, then the Corps will contact
                               that agency to determine if the State approved mitigation plan
                               resolves the agency's concerns.

                               If the agency states that the concerns have been satisfied, then the
                               Corps will usually consider the mitigation to be sufficient.       If the.
                               agency states that the concerns have not been satisfied then the
                               Corps will conduct an evaluation of the mitigation plan using the
                               criteria given in Charleston District's SOP on Compensatory Mitigation
                               (included as Appendix C). Following this evaluation the Corps will
                               decide whether or not the concerns of the resource agency have
                               sufficient merit to modify, condition, or deny the proposed mitigation
                               plan. If the Corps determines that the agency's concerns do not have
                               sufficient merit then the Corps may accept the mitigation plan. The
                               Corps will document the evaluation and factors considered in making
                               this determination in the record.


                           State Approval Not Applicable.           In determining if a proposed
                           compensatory mitigation plan, for which State approval has been waived
                           or is not required, is sufficient to reduce the adverse ecological effects to
                           the minimal level, the Corps will use the criteria given in Charleston
                           District's SOP on Compensatory Mitigation.

                           (4) Require an Individual Permit Application, If the adverse effects are
                           more than minimal and sufficient mitigation is not provided to reduce the
                           adverse environmental effects to the minimal level, the Corps will not
                           allow authorization under the NWP and will instruct the prospective
                           permittee on procedures to seek authorization under an Individual Permit.

                  f Thresholds
                  The following categories of activities will routinely be considered to cause more
                  than minimal adverse ecological effects which cannot be reduced to a minimal
                  level through compensatory mitigation. Therefore, notifications involving these
                  categories of activities will have a greater likelihood than normal of being subject
                  to the exertion of discretionary authority to require an Individual Permit.
                  However, the Corps must consider each notification on a case specific basis and
                  these restrictions are intended to be used only as guidelines.





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                                  (1) Projects with total adverse ecological effects which exceed five acres
                                  or 10% of the total project area, whichever is greater.

                                  (2) Projects which affect certain special categories of waters of the
                                  United States specified in Charleston District's SOP on Nationwide
                                  Permits. (See Appendix B)

                          g. Compensatory Mitigation Plans
                          As previously stated, authorizations for projects which have more than minimal
                          adverse effects will require mitigation. The mitigation must be sufficient to
                          reduce the adverse effects to the minimal level.          When a compensatory
                          mitigation plan for adverse ecological effects is required for a project, the plan
                          will normally be considered acceptable if it meets the criteria stated in Charleston
                          District's SOP on Compensatory Mitigation.

                          h. Delineations
                          For some NWPs, the notification must include a complete delineation of special
                          aquatic sites. Delineations must be in accordance with the current method
                          required by the Corps. The applicant may ask the Corps to delineate the aquatic
                          sites. There may be some delay if the Corps does the delineation. Furthermore,
                          the 30 day review period will not start until the wetland delineation has been
                          completed. Charleston Dishict has derined a completed delineation to mean a
                          delineation that has been verffled by the Corps. For small projects with minimal
                          or near minimal impact to special aquatic sites, the project manager has the
                          discretion to accept an approximate delineation as the verified delineation.
                          Applicants are responsible for providing information with their submittal that
                          evidences a delineation has been conducted and the delineation has been
                          verified by the Corps. All delineations of aquatic sites must be shown on the
                          plans submitted for notification review.

                          Charleston District policy is that a verified delineation is a delineation which the
                          Corps has approved as a true or acceptable representation of the limits and
                          locations of all indicated aquatic sites, including wetlands, within the specified
                          boundaries.


                          i. Restoration Plans
                          When restoration plans are required (e.g. NWPs 33 or 38) they must generally
                          conform with the guidelines, drawing requirements, etc., given for mitigation
                          plans in the Charleston District's SOP on Compensatory Mitigation.

                          j. Other Relevant Issues
                          The following topics, which are discussed in 33 CFR Parts 320-330, and in
                          Charleston District's SOP on NWPs, are considered particularly noteworthy and
                          are thus presented here for emphasis.

                          (1) Piecemealing. In its most elementary form, piecemealing involves the bit-by-
                          bit alteration of a given area by a series of minor authorizations rather than by
                          comprehensive master planning. As pointed out at 33 CFR 320.4(b)(3), while a
                          particular alteration may constitute a minor change, the cumulative effect of a


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                  number of changes can result in a major impairment of the resource. In order to
                  discourage piecemealing the following policy will be used for all NWP
                  authorizations. Once a project avails itself of a NWP authorization, additional
                  NWP authodzations for work which is not clearly shown on the original permit
                  plans will be viewed unfavorably. This position will stand unless a convincing
                  argument can be presented that the additional work is totally unrelated to that
                  which is already permitted and that it was unforeseeable at the time of the prior
                  authorization. It is recognized that there may be an occasional unusual case
                  where the application of this policy may be unreasonable. In those instances,
                  the Corps will coordinate with the resource agencies to obtain their views.

                  (2) Real Estate Subdivisions. The policy on piecemealing stated above also
                  applies to any real estate subdivision created or subdivided after October 5,
                  1984. This means that if a developer obtains one or more NWPs for the original
                  subdivision development, then additional NWP applications from future lot
                  owners, builders, etc., should be viewed unfavorably and discretionary authority
                  should routinely be exerted to require an Individual Permit. As stated above, it is
                  recognized that there may be an occasional unusual case where the application
                  of this policy may be unreasonable. Department of the Army regulations allow
                  the District Engineer some discretion in this area but require that his findings be
                  in writing.

                  The term real estate subdivision is defined at 33 CFR 330, Appendix A(B)(26) to
                  include circumstances where a landowner or developer divides a tract of land
                  into smaller parcels for the purpose of selling, conveying, transferfing, leasing, or
                  developing said parcels.       This includes the entire area of a residential,
                  commercial or other subdivision, including all parcels and parts thereof.

                  Subdivisions or parcels for which a written exemption determination has been
                  reached in accordance with the procedures specified in 33 CFR 330, Appendix
                  A(B)(26) will not be subject to the above stated restrictions. However, each
                  single and complete project within the subdivision shall be subject to the stated
                  piecemealing restrictions. This means that even if an exemption is granted for
                  the subdivision, an individual owner or developer may not piecemeal his property
                  or project.

                  The underlying purpose for the above subdivision policy is to encourage the
                  original developer to prepare a comprehensive plan which considers all aquatic
                  areas and follows the recognized avoid, minimize, compensate sequence. It is
                  generally not acceptable for a developer to layout a subdivision such that
                  numerous parcel or lot owners will subsequently be required to obtain NWPs to
                  make use of their property. However, it is equally unacceptable for the District
                  Engineer to limit a landowner owning vast acreage of contiguous parcels to less
                  than 10 acres of wetland impacts under the NWP program.                  Hence the
                  exemption allowances.

                  (3) Combining NWPs and Individual Permits. 33 CFR 330.6(d) states that
                  subject to the following qualifications, portions of a larger project may proceed
                  under the authority of the NWPs while the Corps evaluates an Individual Permit


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                          application for other portions of the same project, but only if the portions of the
                          project qualifying for NWP authorization would have independent utility and are
                          able to function or meet their purpose independent of the total project. When the
                          functioning or usefulness of a portion of the total project qualifying for a NWP is
                          dependent on the remainder of the project, such that its construction and use
                          would not be fully justified even if the Corps were to deny the Individual Permit,
                          the NWP does not apply and all portions of the project must be evaluated as part
                          of the Individual Permit process.

                          When a portion of a larger project is authorized to proceed under a NWP, it is
                          with the understanding that its construction will in no way prejudice the decision
                          on the Individual Permit for the rest of the project. Furthermore, the Individual
                          Permit documentation must include an analysis of the impacts of the entire
                          project, including related activities authorized by a NWP.

                          (4) Multiple NWPs. As stated in 33 CFR 330.6(d), two or more different NWPs
                          can be combined to authorize a "single and complete project." However, the
                          same NWP cannot be used more than once for a single and complete project.

                          The term single and complete project is defined at 33 CFR 330.2 to mean the
                          total project proposed or accomplished by one ownerldeveloper or partnership or
                          other association of ownersIdevelopers. For example, if construction of a
                          residential development affects several different areas of a headwater or isolated
                          water, or several different headwaters or isolated waters, the cumulative total of
                          all filled areas should be the basis for deciding whether or not the project will be
                          covered by a NWP. For linear projects, the "single and complete project" (i.e.
                          single and complete crossing) will apply to each crossing of a separate water of
                          the United States (i.e. single waterbody) at that location; except that for linear
                          projects crossing a single waterbody several times at separate and distant
                          locations, each crossing is considered a single and complete project. However,
                          individual channels in a braided stream or river, or individual arms of a large,
                          irregularly shaped wetland or lake, etc., are not separate waterbodies.


                          E. GRANDFATHER NATIONWIDE PERMITS

                          The following activities were permitted by NWPs issued on July 19, 1977, and
                          unless modified do not require further permitting:

                          1. Discharges of dredged or fill material into waters of the United States outside
                          the limits of navigable waters of the United States that occurred before the
                          phasein dates which began July 25, 1975, and extended section 404 jurisdiction
                          to all waters of the United States. (These phasein dates are: After July 25, 1975,
                          discharges into navigable waters of the United States and adjacent wetlands;
                          after September 1, 1976, discharges into navigable waters of the United States
                          and their primary tributaries, including adjacent wetlands, and into natural lakes,
                          greater than five acres in surface area; and after July 1, 1977, discharges into all
                          waters of the United States). (Section 404)



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                   2. Structures or work completed before December 18, 1968, or in waterbodies
                   over which the District Engineer had not asserted jurisdiction at the time the
                   activity occurred provided, in both instances, there is no interference with
                   navigation. (Section 10)


                   F. THE NATIONWIDE PERMITS AND REGIONAL
                   CONDITIONS

                   At the time of this writing the existing NWPs, given in 33 CFR Part 330, and
                   applicable regional conditions are worded as shown below.                 All activities
                   authorized under one or more NWPs must meet the terms and conditions given
                   in 33 CFR 330 and, where required, comply with the notification procedures and
                   any applicable regional conditions. Persons may contact the Corps of Engineers
                   for additional information regarding the terms, conditions, and procedures
                   applicable to these NWPs.

                   1. Aids to Navigation. The placement of aids to navigation and regulatory
                   markers which are approved by and installed in accordance with the
                   requirements of the U.S. Coast Guard. (See 33 CFR Part 66, Chapter 1,
                   Subchapter C). (Section 10)

                   2. Structures in Artificial Canals. Structures constructed in artificial canals
                   within principally residential developments where the connection of the canal to a
                   navigable water of the United States has been previously authorized (see 33
                   CFR 322.5(g)). (Section 10)

                   3. Maintenance. The repair, rehabilitation, or replacement of any previously
                   authorized, currently serviceable, structure or fill, o 'r of any currently serviceable
                   structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is
                   not to be put to uses differing from those uses specified or contemplated for it in
                   the original permit or the most recently authorized modification. Minor deviations
                   in the structure's configuration or filled area including those due to changes in
                   materials, construction techniques, or current construction codes or safety
                   standards which are necessary to make repair, rehabilitation, or replacement are
                   permitted, provided the environmental impacts resulting from such repair,
                   rehabilitation, or replacement are minimal. Currently serviceable means useable
                   as is or with some maintenance, but not so degraded as to essentially require
                   reconstruction. This Nationwide Permit authorizes the repair, rehabilitation, or
                   replacement of those structures destroyed by           storms, floods, fire or other
                   discrete events, provided the repair, rehabilitation, or replacement is commenced
                   or under contract to commence within two years of the date of their destruction
                   or damage. In cases of catastrophic events, such as hurricanes or tornadoes,
                   this two-year limit may be waived by the District Engineer, provided the permittee
                   can demonstrate funding, contract, or other similar delays.                Maintenance
                   dredging and beach restoration are not authorized by this Nationwide Permit.
                   (Sections 10 and 404)




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                         4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and
                         Activities.   Fish and wildlife harvesting devices and activities such as pound
                         nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, clam and
                         oyster digging; and small fish attraction devices such as open water fish
                         concentrators (e.g., sea kites, etc.). This Nationwide Permit authorizes shellfish
                         seeding provided this activity does not occur in wetlands or vegetated shallows.
                         This Nationwide Permit does not authorize artificial reefs or impoundments and
                         semi-impoundments of waters of the United States for the culture or holding of
                         motile species such as lobster. (Sections 10 and 404)

                         5. Scientific Measurement Devices. Staff gauges, tide gages, water recording
                         devices, water quality testing and improvement devices and similar structures.
                         Small weirs and flumes constructed primarily to record water quantity and
                         velocity are also authorized provided the discharge is limited to 25 cubic yards
                         and further for discharges of 10 to 25 cubic yards provided the permittee notifies
                         the District Engineer in accordance with "Notification" general condition.
                         (Sections 10 and 404)

                         6. Survey Activities. Survey activities including core sampling, seismic
                         exploratory operations, and plugging of seismic shot holes and other exploratory-
                         type bore holes. Drilling and the discharge of excavated material from test wells
                         for oil and gas exploration is not authorized by this Nationwide Permit; the
                         plugging of such wells is authorized. Fill placed for roads, pads and other similar
                         activities is not authorized by this Nationwide Permit. The discharge of drilling
                         muds and cuttings may require a permit under Section 402 of the Clean Water
                         Act. (Sections 10 and 404)

                         7. Outfall Structures. Activities related to construction of outfall structures and
                         associated intake structures where the effluent from the outfall is authorized,
                         conditionally authorized, or specifically exempted, or are otherwise in compliance
                         with regulations issued under the National Pollutant Discharge Elimination
                         System program (Section 402 of the Clean Water Act), provided that the
                         Nationwide Permittee notifies Jhe District Engineer in accordance with the
                         "Notification" general condition. (Also see 33 CFR 330.1(e)). Intake structures
                         per se are not included - only those directly associated with an outfall structure.
                         (Sections 10 and 404)

                         Regional Note. Webster defines the word "related" to mean that a logical or
                         causal connection has been shown or established. Therefore, the term related
                         to construction of ouffafl structures is interpreted by the Charleston District Corps
                         of Engineers to mean that such a connection has been established between
                         some aspect of the overall project and the construction of the ouffall structure.
                         For example, if the project requires construction of roads, pump stations,
                         bulkheads, fences, etc., which are logically or causally connected to the
                         construction of the outfall structure itself, then such work is also a candidate for
                         authorization under NWP 7. However, the Corps must review the proposed work
                         under the notification process to verify that the individual and cumulative adverse
                         effects will be minimal, that the activity is not contrary to the public interest, and
                         that the activity complies with the terms and conditions of the Nationwide Permit.


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                   When considering whether or not the"net adverse effects have been minimized
                   and whether outfall relocations are in the public interest, the Charleston District
                   will generally give substantial deference to the outfall relocations as proposed if
                   such relocations are being conducted at the request or direction of the South
                   Carolina Department of Health and Environmental Control. (This note extracted
                   from RB-SOP-93-01.)

                   8. Oil and Gas Structures. Structures for the exploration, production, and
                   transportation of oil, gas, and minerals on the outer continental shelf within areas
                   leased for such purposes by the Department of the Interior, Minerals
                   Management Service. Such structures shall not be placed within the limits of
                   any designated shipping safety fairway or traffic separation scheme, except
                   temporary anchors that comply with the fairway regulations in 33 CFR 322.5(l).
                   (Where such limits have not been designated, or where changes are anticipated,
                   District Engineers will consider asserting discretionary authority in accordance
                   with 33 CFR 330.4(e) and will also review such proposals to ensure they comply
                   with the provisions of the fairway regulations in 33 CFR 322.5(l)).             Such
                   structures will not be placed in established danger zones or restricted areas as
                   designated in 33 CFR Part 334: nor will such structures be permitted in
                   Environmental Protection Agency or Corps designated dredged material disposal
                   areas. (Section 10)

                   9. Structures in Fleeting and Anchorage Areas. Structures, buoys, floats,
                   and other devices placed within anchorage or fleeting areas to facilitate moorage
                   of vessels where such areas have been established for that purpose by the U.S.
                   Coast Guard. (Section 10)

                   10. Mooring Buoys. Non-commercial, single-boat, mooring buoys. (Section 10)

                   III. Temporary Recreational Structures. Temporary buoys, markers, small
                   floating docks, and similar structures placed for recreational use during specific
                   events such as water skiing competitions and boat races or seasonal use
                   provided that such structures are removed within 30 days after use has been
                   discontinued. At Corps of Engineers reservoirs, the reservoir manager must
                   approve each buoy or marker individually. (Section 10)

                   Regional Note. For activities in Corps' reservoirs requiring notification under
                   NWP 11, the prospective permittee must obtain the approval of the reservoir
                   manager. The prospective permittee need not contact the District Engineer
                   provided the project complies with the terms and conditions of the NWP.

                   12. Utility Line Backfill and Bedding. Discharges of material for backfill or
                   bedding for utility lines, including outfall and intake structures, provided there is
                   no change in preconstruction contours. A "utility line" is derined as any pipe or
                   pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry
                   substance, for any purpose, and any cable, line, or wire for the transmission for
                   any purpose of electrical energy, telephone and telegraph messages, and radio
                   and television communication. The term "utility line" does not include activities
                   which drain a water of the United States, such as drainage tile, however, it does


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                           apply to pipes conveying drainage from another area. Material resulting from
                           trench excavation may be temporarily sidecast (up to three months) into waters
                           of the United States provided that the material is not placed in such a manner
                           that it is dispersed by currents or other forces. The District Engineer may extend
                           the period of temporary side-casting up to 180 days, where appropriate. The
                           area of waters of the United States that is disturbed must be limited to the
                           minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of
                           the trench should generally be backfilled with topsoil from the, trench. Excess
                           material must be removed to upland areas immediately upon completion of
                           construction.    Any exposed slopes and stream banks must be stabilized
                           immediately upon completion of the utility line. The utility line itself will require a
                           Section 10 permit if in navigable waters of the United States. (See 33 CFR Part
                           322). (Section 404)

                           Regional Condition. The Nationwide Permit authorizes only a single crossing of a
                           waterbody and/or wetland and such crossing cannot run parallel with the wetland
                           system. The permittee must take appropriate erosion control measures to
                           prevent siltation of the adjacent wetlands.

                           13. Bank Stabilization. Bank stabilization activities necessary for erosion
                           prevention provided:

                                   a. No material is placed in excess of the minimum needed for erosion
                                   protection;

                                   b. The bank stabilization activity is less than 500 feet in length;

                                   c. The activity will not exceed an average of one cubic yard per running
                                   foot placed along the bank below the plane of the ordinary high water
                                   mark or the high tide line;

                                   d. No material is placed in any special aquatic site, including wetlands;

                                   e. No material is of the type or is placed in any location or in any manner
                                   so as to impair surface water flow into or out of any wetland area;

                                   f. No material is placed in a manner that will be eroded by normal or
                                   expected high flows (properly anchored trees and treetops may be used
                                   in low energy areas); and,

                                   g. The activity is part of a single and complete project.

                           Bank stabilization activities in excess of 500 feet in length or greater than an
                           average of one cubic yard per running foot may be authorized if the permittee
                           notifies the District Engineer in accordance with the "Notification" general
                           condition and the District Engineer determines the activity complies with the
                           other terms and conditions of the Nationwide Permit and the adverse
                           environmental impacts are minimal both individually and cumulatively. (Sections
                           10 and 404)



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                    Reaional Condition. The permittee mOst provide the District Engineer, Charleston
                    District with notification in accordance with 33 CFR 330. 1 (e), before commencing
                    work on any, bank stabilization activity in South Carolina that would be located
                    adjacent to an authorized federal navigation project. These federal navigation
                    areas include Adams Creek, Savannah River, Jeremy and Town Creek at
                    McClellanville, Village Creek at Beaufort, the Charleston Harbor Navigation
                    Project (to include the federal navigation channels in Shipyard River, Wando
                    River, Town Creek, and channels at the Naval Weapons Station), Georgetown
                    Harbor, Little River Inlet, Murrells Inlet, Main Creek at Murrells Inlet, Port Royal
                    Harbor, Waccamaw River, and the Atlantic Intracoastal Waterway.

                    14. Road Crossing. Fills for roads crossing waters of the United States
                    (including wetlands and other special aquatic sites) provided:

                           a.  The width of the fill is limited to the minimum necessary for the actual
                               crossing;

                           b.  The fill placed in waters of the United States is limited to a filled area
                               of no more than one-third acre. Furthermore, no more than a total of
                               200 linear feet of the fill for the roadway can occur in special aquatic
                               sites, including wetlands;

                           c.  The crossing is culverted, bridged or otherwise designed to prevent
                               the restriction of, and to withstand, expected high flows and tidal
                               flows, and to prevent the restriction of low flows and the movement of
                               aquatic organisms;

                           d.  The crossing, including all attendant features, both temporary and
                               permanent, is part of a single and complete project for crossing of a
                               water of the United States; and,

                           e.  For fills in special aquatic sites, including wetlands, the permittee
                               notifies the District Engineer in accordance with the "Notification"
                               general condition. The notification must also include a delineation of
                               affected special aquatic sites, including wetlands.

                   Some road fills may be eligible for an exemption from the need for a Section 404
                   permit altogether (see 33 CFR 323.4). Also, where local circumstances indicate
                   the need, district engineers will define the term "expected high flows" for the
                   purpose of establishing applicability of this Nationwide Permit. (Sections 10 and
                   404)

                   Reaional Condition. That the use of this permit is prohibited in waters that the
                   South Carolina Department of Health and Environmental Control has classified
                   as Outstanding Resource Waters. Additionally, the use of this permit is limited to
                   one crossing per project provided no other permits (Nationwide or otherwise) are
                   required to develop the project site, unless waived by the South Carolina
                   Department of Health and Environmental Control. The permittee must take



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                        appropriate erosion control measures to prevent siltation of the adjacent
                        wetlands.

                        15. U.S. Coast Guard Approved Bridges. Discharges of dredged or fill
                        material incidental to the construction of bridges across navigable waters of the
                        United States, including cofferdams, abutments, foundation seals, piers, and
                        temporary construction and access fills provided such discharges have been
                        authorized by the U.S. Coast Guard as part of the bridge permit. Causeways
                        and approach fills are not included in this Nationwide Permit and will require an
                        Individual or Regional Section 404 permit. (Section 404)

                        16. Return Water From Upland Contained Disposal Areas. Return water
                        from an upland, contained dredged material disposal area. The dredging itself
                        requires a Section 10 permit if located in navigable waters of the United States.
                        The return water from a contained disposal area is administratively defined as a
                        discharge of dredged material by 33 CFR 323.2(d) even though the disposal
                        itself occurs on the upland and thus does not require a Section 404 permit. This
                        Nationwide Permit satisfies the technical requirement for a Section 404 permit for
                        the return water where the quality of the return water is controlled by the state
                        through the Section 401 certification procedures. (Section 404)

                        Regional Note. An activity specific Water Quality Certification is required. To
                        apply for certification submit notification to the COE.

                        17. Hydropower Projects. Discharges of dredged or fill material associated
                        with (a) small hydropower projects at existing reservoirs where the project, which
                        includes the fill, is licensed by the Federal Energy Regulatory Commission under
                        the Federal Power Act of 1920, as amended; and has a total generating capacity
                        of not more than 5000 KW, and the permittee notifies the District Engineer in
                        accordance with the "Notification" general condition; or (b) hydropower projects
                        for which the Federal Energy Regulatory Commission has granted an exemption
                        from licensing pursuant to Section 408 of the Energy Security Act of 1980 (16
                        U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended;
                        provided the permittee notifies the District Engineer in accordance with the
                        "Notification" general condition. (Section 404)

                        Regional Note. An activity specific Water Quality Certification is required. To
                        apply for certification submit notification to the COE.

                        18. Minor Discharges. Minor discharges of dredged or fill material into all
                        waters of the United States provided:

                               a. The discharge does not exceed 25 cubic yards;

                               b. The discharge will not cause the loss of more than one-tenth acre of a
                               special aquatic site, including wetlands.      For the purposes of this
                               Nationwide Permit, the acreage limitation includes the filled area plus
                               special aquatic sites that are adversely affected by flooding and special



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                           aquatic sites that are drained 'so that they would no longer be a water of
                           the United States as a result of the project;

                           c. If the discharge exceeds 10 cubic yards or the discharge is in a
                           special aquatic site, including wetlands, the permittee notifies the District
                           Engineer in accordance with the "Notification" general condition. For
                           discharges in special aquatic sites, including wetlands, the notification
                           must also include a delineation of affected special aquatic sites, including
                           wetlands. (Also see 33 CFR 330.1 (e)); and

                           d. The discharge, including all attendant features, both temporary and
                           permanent, is part of a single and complete project and is not placed for
                           the purpose of stream diversion. (Sections 10 and 404)

                   Rea*onal Note. Notification under NWP 18 is required only if:
                           a. the discharge exceeds 10 cubic yards or,
                           b. the project is in a wetland or other special aquatic site or;
                           c. the project is in the non-critical areas of the coastal zone.

                   19. Minor Dredging. Dredging of no more than 25 cubic yards below the plane
                   of the ordinary high water mark or the mean high water mark from navigable
                   waters of the United States as part of a single and complete project. This
                   Nationwide Permit does not authorize the dredging or degradation through
                   siltation of coral reefs, submerged aquatic vegetation, anadromous fish spawning
                   areas, or wetlands, or the connection of canals or other artificial waterways to
                   navigable waters of the United States (see Section 33 CFR 322.5(g)). (Section
                   10)

                   Regoonal Note. For activities located in the non-critical areas of the coastal zone,
                   an activity specific Coastal Zone Certification is required.          To apply for
                   certification submit notification to the COE.

                   20. Oil Spill Cleanup. Activities required for the containment and cleanup of oil
                   and hazardous substances which are subject to the National Oil and Hazardous
                   Substances Pollution Contingency Plan, (40 CFR Part 300), provided that the
                   work is done in accordance with the Spill Control and Countermeasure Plan
                   required by 40 CFR 112.3 and any existing state contingency plan and provided
                   that the Regional Response Team (if one exists in the area) concurs with the
                   proposed containment and cleanup action. (Sections 10 and 404)

                   21. Surface Coal Mining Activities. Activities associated with surface coal
                   mining activities provided they are authorized by the Department of the Interior,
                   Office of Surface Mining, or by states with approved programs under Title V of
                   the Surface Mining Control and Reclamation Act of 1977 and provided the
                   permittee notifies the District Engineer in accordance with the "Notification"
                   general condition. For discharges in special aquatic sites, including wetlands,
                   the notification must also include a delineation of affected special aquatic sites,
                   including wetlands. (Also see 33 CFR 330.1 (e)). (Sections 10 and 404)



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                          22. Removal of Vessels. Temporary structures or minor discharges of dredged
                          or fill material required for the removal of wrecked, abandoned, or disabled
                          vessels, or the removal of man-made obstructions to navigation.                 This
                          Nationwide Permit does not authorize the removal of vessels listed or
                          determined eligible for listing on the National Register of Historic Places unless
                          the District Engineer is notified and indicates that there is compliance with the
                          "Historic Properties" general condition.      This Nationwide Permit does not
                          authorize maintenance dredging, shoal removal, or river bank snagging. Vessel
                          disposal in waters of the United States may need a permit from the
                          Environmental Protection Agency (see 40 CFR 229.3). (Sections 10 and 404)

                          23.   Approved Categorical Exclusions.           Activities undertaken, assisted,
                          authorized, regulated, funded, or financed, in whole or in part, by another federal
                          agency or department where that agency or department has determined,
                          pursuant to the Council on Environmental Quality Regulation for Implementing
                          the Procedural Provisions of the National Environmental Policy Act (40 CFR Part
                          1500 et seq.), that the activity, work, or discharge is categorically excluded from
                          environmental documentation because it is included within a category of actions
                          which neither individually nor cumulatively has a significant effect on the human
                          environment, and the Office of the Chief of Engineers (ATTN: CECW-OR) has
                          been furnished notice of the agency's or department's application for the
                          categorical exclusion and concurs with that determination. Prior to approval for
                          purposes of this Nationwide Permit of any agency's categorical exclusions, the
                          Chief of Engineers will solicit public comment. In addressing these comments,
                          the Chief of Engineers may require certain conditions for authorization of an
                          agency's categorical exclusions under this Nationwide Permit. (Sections 10 and
                          404)

                          Recional Note. For activities located in the non-critical areas of the coastal zone,
                          an activity specific Coastal Zone Certification is required.         To apply for
                          certification submit notification to the COE. In addition, certain NWP 23 activities
                          which fall under the Federal Highway Administration categorical exclusions
                          require notification.   As stated in RGL 87-10, those Federal Highway
                          Administration activities which require notification are the activities occurring
                          under paragraphs (c)(3), (c)(7), (c)(9), (c)(12) and all (d) paragraphs of 49 CFR
                          Part 771.117 (published 27 Nov. 1987). An extracted listing of these paragraphs
                          is provided in RB-SOP-93-01. The Federal Highway Administration or local
                          transportation agency to be funded by the Federal Highway Administration
                          should contact the Corps to review the project proposal to ensure that the
                          proposed activities would have only minimal adverse individual and cumulative
                          impacts on the aquatic environment.

                          24. State Administered Section 404 Program. Any activity permitted by a
                          state administering its own Section 404 permit program pursuant to 33 U.S.C.
                          1344(g)-([) is permitted pursuant to Section 10 of the Rivers and Harbors Act of
                          1899. Those activities which do not involve a Section 404 State Permit are not
                          included in this Nationwide Permit, but certain structures will be exempted by
                          Sec. 154 of PL 94-587, 90 Stat. 2917 (33 U.S.C. 591) (see 33 CFR 322.3(a)(2)).
                          (Section 10)


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                   Regional Condition.      That the State administered 404 program must be
                   consistent with the Coastal Zone Management Program.

                   25. Structural Discharge. Discharges of material such as concrete, sand,
                   rock, etc. into tightly sealed forms or cells where the material will be used as a
                   structural member for standard pile supported structures, such as piers and
                   docks; and for linear projects, such as bridges, transmission line footings, and
                   walkways. The NWP does not authorize filled structural members that would
                   support buildings, homes, parking areas, storage areas and other such
                   structures. Housepads or other building pads are also not included in this
                   Nationwide Permit. The structure itself may require a Section 10 permit if
                   located in navigable waters of the United States. (Section 404)

                   26. Headwaters and Isolated Waters Discharges. Discharges of dredged or
                   fill material into headwaters and isolated waters provided:

                           a. The discharge does not cause the loss of more than 10 acres of
                           waters of the United States;

                           b. The permittee notifies the District Engineer if the discharge would
                           cause the loss of waters of the United States greater than one acre in
                           accordance with the "Notification" general condition. For discharges in
                           special aquatic sites, including wetlands, the notification must also
                           include a delineation of affected special aquatic sites, including wetlands.
                           (Also see 33 CFR 330.1(e)); and

                           c. The discharge, including all attendant features, both temporary and
                           permanent, is part of a single and complete project.

                   For the purposes of this Nationwide Permit, the acreage of loss of waters of the
                   United States includes the filled area plus waters of the United States that are
                   adversely affected by flooding, excavation or drainage as a result of the project.
                   The 10 acre and one acre limits of NWP 26 are absolute, and cannot be
                   increased by any mitigation plan offered by the applicant or required by the
                   District Engineer.

                   Subdivisions.    For any real estate subdivision created or subdivided after
                   October 5, 1984, a notification pursuant to subsection (b) of this Nationwide
                   Permit is required for any discharge which would cause the aggregate total loss
                   of waters of the United States for the entire subdivision to exceed one acre. Any
                   discharge in any real estate subdivision which would cause the aggregate total
                   loss of waters of the United States in the subdivision to exceed 10 acres is not
                   authorized by this Nationwide Permit; unless the District Engineer exempts a
                   particular subdivision or parcel by making a written determination that:

                           (1) the individual and cumulative adverse environmental effects would be
                           minimal and the property owner had, after October 5, 1984, but prior to
                           January 21, 1992, committed substantial resources in reliance on NWP



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                                 26 with regard to a subdivisibn, in circumstances where it would be
                                 inequitable to frustrate his investment-backed expectations, or
                                 (2) that the individual and cumulative adverse environmental effects
                                 would be minimal, high quality wetlands would not be adversely affected,
                                 and there would be an overall benefit to the aquatic environment.

                         Once the exemption is established for a subdivision, subsequent lot development
                         by individual property owners may proceed using NWP 26. For purposes of
                         NWP 26, the term "real estate subdivision" shall be interpreted to include
                         circumstances where a landowner or developer divides a tract of land into
                         smaller parcels for the purpose of selling, conveying, transferring, leasing, or
                         developing said parcels. This would include the entire area of a residential,
                         commercial or other real estate subdivision, including all parcels and parts
                         thereof. (Section 404)

                         Regional Note. In the non-critical areas of the coastal zone, a project specific
                         Coastal Zone Consistency Certification is required. For activities located inland
                         of the Coastal Zone which impact one acre or more of waters of the United
                         States, an activity specific Water Quality Certification is required. To apply for
                         certification submit notification to the COE.         Refer to RB-SOP-93-01 for
                         additional local policy and interpretations.

                         27. Wetland and Riparian Restoration and Creation Activities. Activities in
                         waters of the United States associated with the restoration of altered and
                         degraded non-tidal wetlands and creation of wetlands on private lands in
                         accordance with the terms and conditions of a binding wetland restoration or
                         creation agreement between the landowner and the U.S. Fish and Wildlife
                         Service (USFWS) or the U.S. Department of Agriculture - Natural Resources
                         Conservation Service (formerly Soil Conservation Service) or activities
                         associated with the restoration of altered and degraded non-tidal wetlands,
                         riparian areas and creation of wetlands and riparian areas on U.S. Forest
                         Service and Bureau of Land Management lands, federal surplus lands (e.g.,
                         military lands proposed for disposal), Farmers Home Administration inventory
                         properties, and Resolution Trust Corporation inventory properties that are under
                         federal control prior to being transferred to the private sector. Such activities.
                         include, but are not limited to: installation and maintenance of small water
                         control structures, dikes, and berms; backfilling of existing drainage ditches;
                         removal of existing drainage structures; construction of small nesting islands;
                         and other related activities.     This Nationwide Permit applies to restoration
                         projects that serve the purpose of restoring "natural" wetland hydrology,
                         vegetation, and function to altered and degraded non4idal wetlands and "natural"
                         functions of riparian areas. For agreement restoration and creation projects
                         only, this Nationwide Permit also authorizes any future discharge of dredged or
                         fill material associated with the reversion of the area to its prior condition and use
                         (i.e., prior to restoration under the agreement) within five years after expiration of
                         the limited term wetland restoration or creation agreement, even if the discharge
                         occurs after this Nationwide Permit expires.          The prior condition will be
                         documented in the original agreement, and the' determination of return to prior
                         conditions will be made by the federal agency executing the agreement. Once


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                   an area is reverted back to its pri6r physical condition, it will be subject to
                   whatever the Corps regulatory requirements will be at that future date. This
                   Nationwide Permit does not authorize the conversion of natural wetlands to
                   another aquatic use, such as creation of waterfowl impoundments where a
                   forested wetland previously existed. (Sections 10 and 404)

                   Regional Note. For activities located in the non-critical areas of the coastal zone,
                   an activity specific Coastal Zone Certification is required.          To apply for
                   certification submit notification to the COE.


                   28. Modifications of Existing Marinas. Reconfigurations of existing docking
                   facilities within an authorized marina area. No dredging, additional slips or dock
                   spaces, or expansion of any kind within waters of the United States are
                   authorized by this Nationwide Permit. (Section 10)

                   Regional Note. For activities located in the non-critical areas of the coastal zone,
                   an activity specific Coastal Zone Certification is required.          To apply for
                   certification submit notification to the COE.


                   29 - 31. Reserved.


                   32. Completed Enforcement Actions. Any structure, work or discharge of
                   dredged or fill material undertaken in accordance with, or remaining in place in
                   compliance with, the terms of a final Federal court decision, consent decree, or
                   settlement agreement in an enforcement action brought by the United States
                   under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and
                   Harbors Act of 1899. (Sections 10 and 404)

                   Regional Note. For activities located in the non-critical areas of the coastal zone,
                   an activity specific Coastal Zone Certification is required.         To apply for
                   certification submit notification to the COE.


                   33. Temporary -Constructioni Access and Dewatering. Temporary structures
                   and discharges, including cofferdams, necessary for construction activities or
                   access fills or dewatering of construction sites; provided the associated
                   permanent activity was previously authorized by the Corps of Engineers or the
                   U.S. Coast Guard, or for bridge construction activities not subject to Federal
                   regulation. Appropriate measures must be taken to maintain near normal
                   downstream flows and to minimize flooding. Fill must be of materials and placed
                   in a manner that will not be eroded by expected high flows. Temporary fill must
                   be entirely removed to upland areas following completion of the construction
                   activity and the affected areas restored to the pre-project conditions.
                   Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to
                   change their use. Structures left in place after cofferdams are removed require a
                   Section 10 permit if located in navigable waters of the United States. (See 33
                   CFR Part 322). The permittee must notify the District Engineer in accordance
                   with the "Notification" genera *I condition. The notification must also include a
                   restoration plan of reasonable measures to avoid and minimize impacts to
                   aquatic resources. The District Engineer will add special conditions, where


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                        necessary, to ensure that adverse environmental impacts are minimal. Such
                        conditions may include: limiting the temporary work to the minimum necessary;
                        requiring seasonal restrictions; modifying the restoration plan; and requiring
                        alternative construction methods (e.g. construction mats in wetlands where
                        practicable). This Nationwide Permit does not authorize temporary structures or
                        fill associated with mining activities or the construction of marina basins which
                        have not been authorized by the Corps. (Sections 10 and 404)

                        Regional Note. For activities located in the non-critical areas of the coastal zone,
                        an activity specific Coastal Zone Certification is required.         To apply for
                        certification submit notification to the COE.

                        34. Cranberry Production Activities. Discharges of dredged or fill material for
                        dikes, berms, pumps, water control structures or leveling of cranberry beds
                        associated with expansion, enhancement, or modification activities at existing
                        cranberry production operations provided:

                                a. The cumulative total acreage of disturbance per cranberry production
                                   operation, including but not limited to, filling, flooding, ditching, or
                                   clearing, does not exceed 10 acres of waters of the United States,
                                   including wetlands;

                                b. The permittee notifies the District Engineer in accordance with the
                                   notification procedures; and

                                c. The dctivity does not result in a net loss of wetland acreage. This
                                   Nationwide Permit does not authorize any discharge of dredged or fill
                                   material related to other cranberry production activities such as
                                   warehouses, processing facilities, or parking areas. For the purposes
                                   of this NWP, the cumulative total of 10 acres will be measured over
                                   the period that this Nationwide Permit is valid. (Section 404)

                        35. Maintenance Dredging of Existing Basins. Excavation and removal of
                        accumulated sediment for maintenance of existing marina basins, canals, and
                        boat slips to previously authorized depths or controlling depths for ingress or
                        egress, whichever is less provided the dredged material is disposed of at an
                        upland site and proper siltation controls are used. (Section 10)

                        Regional Note. For activities located in the non-critical areas of the coastal zone,
                        an activity specific Coastal Zone Certification is required.         To apply for
                        certification submit notification to the COE.

                        36.  Boat Ramps. Activities required for the construction of boat ramps
                        provided:

                               a. The discharge into waters of the United States does not exceed 50
                                   cubic yards of concrete, rock, crushed stone or gravel into forms, or
                                   placement of pre-cast concrete planks or slabs. (Unsuitable material



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                                that causes unacceptable   chemical pollution or is structurally unstable
                                is not authorized);

                            b. The boat ramp does not exceed 20 feet in width;

                            c.  The base material is crushed stone, gravel or other suitable material;

                            d.  The excavation is limited to the area necessary for site preparation
                                and all excavated material is removed to the upland; and

                            e.  No material is placed in special aquatic sites, including wetlands.

                    Dredging  to provide access to the boat ramp may be authorized by another
                    NWP, regional General Permit, or Individual Permit pursuant to Section 10 if
                    located in navigable waters of the United States. (Sections 10 and 404)

                    Regional Condition. That, in addition to the restrictions currently imposed by the
                    Nationwide Permit, the following restrictions are added:

                            a.  That the boat ramp width cannot exceed 10 feet.
                            b. That only one boat ramp is constructed on a single family residential
                                lot.
                            c. That its use is limited to private, non-commercial activities.

                    37. Emergency Watershed Protection and Rehabilitation. Work done by or
                    funded by the Natural Resources Conservation Service (formerly Soil
                    Conservation Service) qualifying as an "exigency" situation (i.e., requiring
                    immediate action) under its Emergency Watershed Protection Program (7 CFR
                    Part 624) and work done or funded by the Forest Service under its Burned-Area
                    Emergency Rehabilitation Handbook (FSH 509.13Y provided the District Engineer
                    is notified in accordance with the notification general condition. (Also see 33
                    CFR 330.1 (e)). (Sections 10 and 404)

                    38. Cleanup of Hazardous and Toxic Waste. Specific activities required to
                    effect the containment, stabilization or removal of hazardous or toxic waste
                    materials that are performed, ordered, or sponsored by a government agency
                    with established legal or regulatory authority provided the permittee notifies the
                    District Engineer in accordance with the "Notification" general condition. For
                    discharges in special aquatic sites, including wetlands, the notification must also
                    include a delineation of affected special aquatic sites, including wetlands. Court
                    ordered remedial action plans or related settlements are also authorized by this
                    Nationwide Permit. This Nationwide Permit does not authorize the establishment
                    of new disposal sites or the expansion of existing sites used for the disposal of
                    hazardous or toxic waste. (Sections 10 and 404)

                    Regional Condition. That once the activity authorized by this Nationwide Permit
                    is complete, any special aquatic sites, including wetlands, that were impacted by
                    the activity must be restored to pre-project conditions or a mitigation proposal
                    must be submitted that adequately compensates the impacts to the wetlands. A


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                         restoration or mitigation plan and timei'table must be submitted to the District
                         Engineer. The District Engineer or a designee will conduct a site inspection after
                         the restoration/mitigation has been completed to ensure compliance.

                         39. Reserved.


                         40. Farm Buildings. Discharges of dredged or fill material into jurisdictional
                         wetlands (but not including prairie potholes, playa lakes, or vernal pools) that
                         were in agricultural crop production prior to December 23, 1985 (i.e., farmed
                         wetlands) for foundations and building pads for buildings or agricultural related
                         structures necessary for farming activities. The discharge will be limited to the
                         minimum necessary but will in no case exceed one acre (see the "Minimization"
                         Section 404 only condition). (Section 404)

                         Regional Note. For activities located in the non-critical areas of the coastal zone,
                         an activity specific Coastal Zone Certification is required.            To apply for
                         certification submit notification to the COE.



                         G. PROPOSED GENERAL PERMITS

                         Below are three permits that are currently proposed as additions. Please contact
                         the Charleston District Corps of Engineers for more specific details on the
                         proposed General Permits.

                         1. Nationwide Permit For Single-Family Housing
                         The Corps of Engineers is proposing to issue a new Nationwide Permit (NWP)
                         titled "Single-Family Housing Nationwide Permit". This proposal was published
                         in the Federal Regi= (60 FR 15439) on March 23, 1995. A correction to the
                         language contained in paragraph d. of the proposed NWP was published in the
                         Federal Regi= on March 29, 1995.

                         This new NWP was proposed in support of the President's Wetlands Plan
                         objectives. The new NWP would authorize activities in wetlands related to the
                         construction or expansion of a single-family home. The NWP includes limits and
                         conditions to minimize impacts on the aquatic environment.

                         This Nationwide General Permit has been developed to reduce the regulatory
                         burden on small landowners proposing to build or expand a single-family home
                         while simultaneously maintaining environmental safeguards. It seeks           to strike
                         this balance by allowing a landowner to build or expand a home with minimal
                         regulatory oversight while protecting the aquatic resource through specific
                         limitations. If finalized, the new NWP will allow the Corps to better focus its
                         resources on areas that have the potential for greater environmental           impacts.
                         Further, as the Corps realizes workload savings resulting from this NWP it
                         should be able to improve service to other sectors of the regulated public.





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                   2. General Permit For Mining Activities
                   A General Permit to perform work in or affecting waters of the United States,
                   upon the recommendation of the Chief of Engineers, pursuant to Section 404 of
                   the Clean Water Act (PL92-500, 33 U.S.C. 1344), is proposed by the District
                   Engineer U.S. Army Engineer District, Charleston Corps of Engineers, to
                   authorize minor impacts to waters of the United States associated with mining
                   activities which were previously authorized by the S.C. Land Resources
                   Conservation Commission (SCLRCC) prior to August 25, 1993, within the
                   boundaries of the Charleston District in the State of South Carolina.


                   The intent of this General Permit is to minimize project impacts to the
                   environment, minimize regulatory duplication between State and federal
                   agencies, and provide mining interests with a means to resolve the issue in a
                   timely fashion. Please be reminded that this General Permit can only be utilized
                   by mining operations which were previously permitted by South Carolina Land
                   Resources Conservation Commission prior to August 25, 1993.

                   3. General Permit for Public Roads and Bridges
                   The Charleston District, U.S. Army Corps of Engineers, proposes to issue a
                   General Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33
                   U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S. C. 1344), for a
                   period of five years, authorizing the South Carolina Department of Transportation
                   to discharge dredged and/or fill material incidental to roadway and bridge
                   construction in waters of the United States and navigable waters of the United
                   States within the geographic limits of South Carolina.

                   The General Permit includes only those activities which are considered to be
                   minor in nature and would cause only minimal individual environmental impacts;
                   cumulative impacts should also be minor. Activities not discussed in the General
                   permit or which exceed the limitations will require individual review by the Corps
                   of Engineers, Charleston District.

                   Proposal of this General Permit is brought about to avoid the many individual
                   permit applications that are currently being reviewed for projects when complete
                   avoidance of wetlands is not possible and the options for on-site mitigation is
                   scarce.






















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                  VI. POLICIES AND P141LOSOPHIES OF FEDERAL
                  AND STATE REVIEW AGENCIES


                  A.      SOUTH CAROLINA DEPARTMENT OF NATURAL
                  RESOURCES
                  r
                      e South Carolina Department of Natural Resources (SCDNR) is the
                     advocate for and steward of the State's natural resources. The SCDNR
                  develops and implements policies and programs for the conservation,
                  management, utilization, and protection of the State's natural resources, based
                  upon scientifically sound resource assessment and monitoring, applied research,
                  technology transfer, comprehensive planning, public education, technical
                  assistance and constituent involvement. The SCDNR is pro-active in protecting
                  the State's natural resources for use and enjoyment by future generations of
                  South Carolina.


                  With the transition from the   South Carolina Wildlife and Marine Resources
                  Department, Water Resources Commission, and Land Resources Commission
                  to the SCDNR, the Department has modified the process by which reviews and
                  responses to State and federal environmental regulatory agencies are carried
                  out. The environmental review process has been centralized as a SCDNR
                  function within the Office of Environmental Programs, under the administration of
                  the Environmental Programs Director. The director manages the SCDNR
                  Environmental Programs with the assistance of two Regional Environmental
                  Coordinators. The Coastal Coordinator manages the SCDNR review process for
                  the eight coastal counties. The Inland Coordinator manages reviews for the
                  remainder of the State. Each project is assigned a lead division and a project
                  manager.    The project manager coordinates project reviews through an
                  intradepartmental process and is responsible for drafting the SCDNR responses
                  to requests for permits and certifications. The project manager represents the
                  single point of contact for the department during the review process.

                  Wetlands are of vital importance to the natural resources and environment of the
                  State. In some instances, these areas are State-owned property held in trust for
                  the people of the State. Recognizing that there is significant pressure for the
                  development of these areas, the SCDNR has established broad guidelines for
                  permit applications in an effort to reduce the loss of productive wetland areas,
                  while meeting long-range State development needs.

                  Generally, the SCDNR feels that any development adversely affecting wetlands
                  should meet a recognized public need. Beyond this, those activities that can
                  function only through use of waterfront property or access to it, such as marinas,
                  have highest priority for limited wetland development. Those activities that could
                  function in non-aquatic areas, but for which a shoreline or wetland location would
                  significantly enhance the activity on an economic or aesthetic basis are of lower




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                         priority. In any case, alteration of wetlands should be strictly limited to that which
                         is reasonable and justifiable in achieving the project purpose.

                         The SCDNR discourages development activities that would result in the
                         elimination or degradation of wetlands providing ecological and water resource
                         functions. Developers are to design projects that avoid and minimize impacts to
                         wetlands to the greatest extent practicable.         The SCDNR is interested in
                         maintaining the integrity and continuity of wetland systems and discourages
                         habitat fragmentation resulting from filling, excavation, and clearing activities.
                         Emphasis should be placed on incorporating wetland systems in their natural
                         state into overall development plans and protecting these systems by the
                         establishment of upland buffers. Restrictive covenants should be placed on all
                         set-aside wetlands and upland buffers, protecting them from future development
                         and destructive activities such as filling, dredging, draining, and clearing.

                         Recognizing that wetlands are often located within the 100 year floodplain, and
                         that undeveloped floodplains offer additional benefits, the SCDNR discourages
                         development below the 100 year base flood elevation. However, the SCDNR
                         encourages the use of this area as dedicated greenways, natural areas, and
                         passive parks. Also, projects should seek to minimize disturbed areas, contain
                         sediment on-site, and protect adjacent aquatic ecosystems from sediment'
                         deposition. To achieve these and other environmental related goals, the SCDNR
                         encourages the - use of wetlands master planning, in conjunction with other
                         related land use plans.

                         The SCDNR is opposed to the dredging of canals and ditches through
                         productive, freshwater wetlands to create waterfront property or to drain
                         wetlands in preparation for development. Dredging and filling activities which
                         result in the creation of stagnant water and degraded water quality are
                         discouraged. The excavation of forested or other vegetated wetlands to develop
                         open water lakes or stormwater lagoons results in the elimination of a number of
                         important wetland functions and is discouraged.

                         Impoundment construction is an activity that can produce both positive and
                         negative impacts on natural resources. Properly constructed and managed
                         impoundments can provide important habitat for a variety of aquatic, terrestrial,
                         and avian species. Impoundments can negatively impact natural systems by
                         altering wetland functions and prohibiting or limiting movement of aquatic
                         organisms and nutrients and altering downstream flows. Dams that create
                         impoundments can block navigability and impact public recreational uses.

                         The SCDNR endorsement of or opposition to impoundment proposals is based
                         on resource impacts with due consideration provided to preserving public use
                         and benefits. Individual private benefit does not equal or constitute resource or
                         public benefit. The following guidelines pertain to fish and wildlife impoundments
                         only. The impoundment of streams and wetland areas for purposes other than
                         fish and wildlife management is not looked on favorably and will generally be
                         opposed. The SCDNR will require the submittal of a specific management plan



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                  as a part of their review and comment process. The following is a summary of
                  impoundment construction issues:

                         1.  Impoundments that block navigable waters and the migration of public
                             fishery resources will generally be opposed.

                         2.  Impoundments at sites that block intermittent or perennial streams
                             that do not have an existing impoundment between the proposed site
                             and the nearest downstream navigable water will be opposed.

                         3.  Impoundments at sites that block intermittent or perennial streams but
                             do have an existing impoundment between the proposed site and the
                             nearest downstream navigable water will be reviewed on a case-by-
                             case basis. A number of factors will be considered in these reviews,
                             including: the presence of a public fishery in the project area, the
                             quality and uniqueness of the stream fish population, and the extent
                             to which the impoundment design minimizes impact on wetland
                             resources.


                         4.  Impoundments in headwater or isolated wetlands will be reviewed on
                             a case-by-case basis and will consider such factors as: quality and
                             function of the wetland to be impacted, degree of impact to wetland
                             resources, and the natural resource and public benefits derived from
                             the proposed project.

                         5.  The construction of greentree reservoirs is generally looked on
                             favorably, provided the project is designed to adhere to legitimate
                             greentree management (contact the SCDNR for further details) and is
                             located in an undeveloped area capable of supporting waterfowl.

                  Realizing that the total avoidance of wetland impacts is not always possible, the
                  SCDNR recognizes the need for compensatory mitigation to replace lost wetland
                  functions. The department emphasizes that mitigation is a measure to be used
                  only after all adverse impacts to wetlands have been minimized and no feasible
                  alternatives exist. Wetland restoration, creation, enhancement, and preservation
                  are the most commonly used methods for mitigating wetland loses. Many
                  scientific uncertainties exist conceming the use of such methods, justifying a
                  cautious approach in reviewing mitigation plan proposals. The department offers
                  the following guidelines concerning mitigation activities.

                         I . Mitigation plans should be designed to replace wetland functions
                             similar to those lost and within the same watershed as the impacts
                             have occurred. Mitigation activities should occur on-site whenever
                             practicable and meaningful options are available.

                         2.  The restoration and enhancement of previously disturbed and
                             degraded wetlands is preferred over the creation of new wetlands
                             from uplands and is encouraged for use in mitigating wetland losses.



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                                3.  The creation of wetlands Irorn uplands will be considered only in
                                    situations where there is the likelihood of success (i.e., appropriate
                                    hydrologic conditions and suitable soils). Creation schemes involving
                                    the destruction of productive uplands will be strongly discouraged.

                                4.  The use of preservation as a means of mitigation will be considered in
                                    the event the subject property contains outstanding resource value
                                    and is vulnerable to future degradation.

                                5.  The use of mitigation banks for mitigating unavoidable impacts will be
                                    considered only after the process of sequencing, which requires
                                    avoidance and minimization of impacts, has been completed. The
                                    use of mitigation banks is encouraged when practicable or meaningful
                                    on-site mitigation options are not available. Only banks established
                                    through an interagency review process, and protected in perpetuity
                                    through the placement of conservation easements or ownership by an
                                    appropriate natural resource agency, will be considered appropriate
                                    for use in mitigating wetland losses.

                        Additional information may be obtained by contacting the South Carolina
                        Department of Natural Resources, P.O. Box 12559, Charleston, SC 29422-2559.
                        Phone: (803) 762-5027.


                        B. U.S. FISH AND WILDLIFE SERVICE

                        Fish and wildlife and their habitats are public resources with clear commercial,
                        recreational, social, and ecological value to the nation. As the Federal agency
                        charged with the stewardship of the nation's fish and wildlife resources, the Fish
                        and Wildlife Service's mission is to provide the leadership to conserve, protect,
                        and enhance fish and wildlife and their habitats for the continuing benefit of all
                        people.

                        It is with this mission in mind that the U.S. Fish and Wildlife Service (FWS)
                        provides input to the regulatory process governing freshwater wetlands. The
                        FWS reviews, investigates, and cooperates fully in providing ecological advice in
                        the form of comments and recommendations on proposals for federal or
                        federally permitted or assisted activities and developments in or affecting the
                        nation's waters or wetlands. The FWS operates primarily under the authority of
                        the Fish and Wildlife Coordination Act which requires equal consideration of fish
                        and wildlife resources with other project features.

                        The FWS also fulfills its mandates under Section 7 of the Endangered Species
                        Act by reviewing permit applications to ensure that the continued existence of an
                        endangered or threatened species is not further jeopardized, and/or that critical
                        habitat for such species is not destroyed or adversely modified.





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                   Freshwater wetlands serve vital fish ind wildlife habitat and support functions, as
                   well as provide many other natural values. For this reason, the FWS actively
                   discourages activities and developments in or affecting these wetlands which
                   would, individually or cumulatively with other such activities or developments,
                   unnecessarily destroy, damage or degrade fish, wildlife and naturally functioning
                   wetland and associated aquatic ecosystems.

                           Review criteria for recommendations include:
                           1 .The water-dependency of the project - does the project require siting
                              in wetlands to achieve its basic purpose?          (Where biologically
                              productive wetlands are involved and alternative upland sites are
                              available, the FWS usually recommends denial of a permit. In
                              general, residential or commercial development which would require
                              filling or other permanent alteration of freshwater wetlands will not
                              receive a favorable review.)

                           2. Is this the least ecologically damaging alternative?

                           3. Have avoidance, minimization, and compensation for unavoidable
                              impacts been addressed in a sequential and comprehensive manner2

                   The FWS has a published mitigation policy which addresses wetland
                   encroachment. As described in the policy, mitigation is a step-by-step sequential
                   process beginning with avoidance and minimization as primary goals. At the end
                   of the process, compensation tools such as wetland restorations are available for
                   impacts judged to be in the public interest and truly unavoidable.

                   Freshwater wetlands should be incorporated into overall development plans in
                   their natural, undisturbed state as green space, ideally separated from adjacent
                   development by a buffer zone.        Under most circumstances, they may be
                   incorporated into storm water management plans to serve retention/detentiori
                   functions in their natural state. Review of total tract development master plans at
                   an early planning stage (pre-permit application) can be most helpful in avoiding
                   direct land use conflicts at the permit stage. Therefore, such consultation is
                   highly encouraged by this agency.

                   Water access projects are generally considered water-dependent.              Where
                   conditions are appropriate (i.e., shellfish waters are not involved), the FWS
                   encourages community facilities located in the adjacent navigable waterbody and
                   accessed by piering over vegetated wetlands.          In contrast, the FWS will
                   generally oppose issuance of a permit to dredge canals through freshwater
                   wetlands to create waterfront property or bring navigable water to highland.

                   If FWS recommendations are not adequately addressed in the federal permit
                   decision-making process, the FWS, through the authority of a Memorandum of
                   Agreement between the Departments of Interior and Army, may choose to
                   request higher level review of the District Engineers permitting decision. Under
                   certain circumstances, this elevation process may proceed to the ultimate
                   decision level of the Undersecretaries of Interior and Army.


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                        C. ENVIRONMENTAL PROTECTION AGENCY

                        1. The Environmental Protection Agency (EPA) has the responsibility to:

                                a.  develop guidelines with the Corps for regulation of dredge and fill
                                    operations in waters of the United States.
                                b.  review permit applications and provide comments to the permitting
                                    authority.
                                c.  make jurisdictional calls when necessary.
                                d.  approve and oversee State 404 programs.
                                e.  enforce violations under Section 309.
                                f.  prohibit any defined area's specification as a discharge site, br restrict
                                    its use, by following procedures given in Section 404(c) whenever
                                    certain unacceptable adverse environmental effects would be caused
                                    by discharges.

                        In addition, EPA supplies technical assistance to the Corps, other federal or state
                        agencies, or local governments concerning issues of water quality, fish and
                        wildlife resources, and aquatic ecosystem structure and functions.

                        2. Development of 404(b) Guidelines
                        Section 404(b) of the Clean Water Act states that each disposal site should be
                        specified for each permit by the Secretary of the Army through applications of
                        guidelines developed by the Administrator of EPA in conjunction with the
                        Secretary of the Army. EPA first published interim final guidelines on September
                        5, 1975, for the purpose of providing guidance to be applied in evaluating
                        proposed discharges of dredged or fill material into navigable waters. The
                        Guidelines were revised and published on December 24, 1980, and now appear
                        at 40 CFR 230.


                        3. Application of 404(b) Guidelines
                        The 404(b) Guidelines apply to all Individual Permit decisions made after March
                        23, 1981. Federal construction projects which meet 404(b) criteria and Corps
                        civil works also fall under Guidelines jurisdiction. Fundamental to the Guidelines
                        is the precept that dredged or fill material should not be discharged into the
                        aquatic ecosystem unless it can be demonstrated that the discharge will not
                        have an unacceptable adverse impact, either individually or in combination with
                        known and/or probable impacts of other activities affecting the ecosystem. The
                        guiding principle of the application of the Guidelines is that degradation or
                        destruction of aquatic sites may represent an irreversible loss of valuable aquatic
                        resources.


                        General step-by-step procedures to be followed in applying Guidelines are given
                        in 230.5(a-1). The permitting authority must address all relevant provisions of
                        the Guidelines before reaching a Finding of Compliance in an individual case.
                        The following is a summary of the basic Guideline precepts:





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                              a. No discharge shall be peri@itted if there is a practicable alternative to
                              the proposed discharge which would have less adverse impact on the
                              aquatic ecosystem.

                              b. Where the activity associated with a discharge does not require access
                              or proximity to aspecial aquatic site to fulfill its basic function (i.e., is not
                              water dependent), practicable alternatives are presumed to be available,
                              unless clearly demonstrated otherwise.

                              c. No discharge of dredged or fill material shall be permitted if it:
                                 I . causes or contributes to violations of any applicable state water
                                     quality standard;
                                 2.  violates any toxic effluent standard;
                                 3.  jeopardizes the continued existence of an endangered or
                                     threatened species;
                                 4.  violates requirements to protect a marine sanctuary-, or
                                 5.  causes or contributes to significant degradation of waters of the
                                     United States. Significant degradation includes adverse effects
                                     on life stages of aquatic life and other water-dependent wildlife,
                                     ecosystem diversity, productivity and stability, recreational,
                                     aesthetic and economic values.


                              d. No discharge of dredged or fill material shall be permitted unless
                              appropriate and practicable steps have been taken to minimize potential
                              adverse impacts on the aquatic ecosystem.

                    The Guidelines are the basis for specification for disposal sites and must be
                    used by both permitting and review agencies. The Corps' Regulations state that
                    compliance with the Guidelines is mandatory for all permit actions.

                    4. Enforcement
                    EPA provides written comments to the Corps, when appropriate, on Cease and
                    Desist Orders and/or after-the-fact permit applications.

                    EPA technical personnel are available to assist the Corps in evaluating effects of
                    violations on water quality, fish and wildlife habitat, and ecosystem dynamics.
                    Regional Office personnel routinely gather field data and testify at federal trials
                    as expert witnesses for the government.

                    EPA enforcement options for Section 404 are given in Section 309 of the Clean
                    Water Act (CWA).           Section 309(g) of the Act provides the EPA with
                    administrative penalty authority where up to $125,000 of civil penalties can be
                    sought for unauthorized filling of wetlands. If a state with an approved permit
                    program is not actively pursuing enforcement action, EPA may issue an order
                    requiring compliance or bring civil action (federally assumed enforcement). EPA
                    may issue an Administrative Order under Section 309 for any unpermitted
                    discharge of pollutants into waters of the United States which is a violation of the
                    CWA.




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                         S. Use of 404(c) Veto Authority
                         The Corps may issue a permit, even if EPA comments adversely, after
                         consultation takes place.       Under either a federal or state program, the
                         Administrator may prohibit the specification of a discharge site, or restrict its use,
                         by following procedures given in Section 404(c) of the CWA. Such action may
                         be initiated if the Administrator determines that the discharge would have an
                         unacceptable adverse effect on fish and shellfish areas, municipal water
                         supplies, and wildlife or recreation areas. The Administrator may do so in
                         advance of a planned discharge or while a permit application is being evaluated,
                         or even after the issuance of a permit.

                         If the Administrator uses 404(c), he/she may block the issuance of a permit by
                         the Corps or a State program. The Administrator's action may not be overridden
                         under Section 404(b)(2), which allows the Corps to make some permit decisions
                         based on the economic impact on navigation and anchorage.


                         D. NATIONAL MARINE FISHERIES SERVICE

                         The National Marine Fisheries Service (NMFS) is mandated by federal law to
                         review applications for federal permits and licenses and to make recommendations
                         to federal permitting and construction agencies when such recommendations are
                         needed to ensure conservation and enhancement of the nation's living marine
                         resources. In South Carolina, this generally entails review of the Department of
                         the Army permit applications under jurisdiction of the Charleston District, Corps of
                         Engineers.

                         Development that may affect freshwater habitats is of interest to the NMFS when
                         the project is located in, or may affect, aquatic components of rivers, streams, and
                         their associated plant communities that are contiguous with estuarine and marine
                         waters. This level of interest reflects the view that protection of living marine
                         resources must begin in the tributary waters of our sounds and ocean
                         environments. The use of inland locations by species such as striped bass,
                         American shad, blueback herring, and other species that may migrate hundreds of
                         miles upriver to reach natal spawning sites are also of interest.

                         Extremely limited staff size precludes NMFS participation in all but the most
                         extensive projects. Upon public notices and requests for input, NMFS determines
                         the magnitude of effect on living marine resources. When the possibility of
                         significant environmental impact is detected a site inspection is performed and a
                         wTitten report containing comments and recommendations is usually provided.
                         Written reports generally contain brief descriptions of the proposed action,
                         resources found at the prospective work site, anticipated impacts on living marine
                         resources and their habitats, and recommendations for project modification and
                         needed permit conditions that preclude significant reductions in fishery habitat
                         quality and abundance.





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                    If the anticipated impacts cannot be sitisfactorily avoided or minimized, then denial
                    of federal authorization may be recommended. This recommendation may be
                    accentuated by giving notice that issue resolution at a higher level may be sought if
                    our concerns are not adequately addressed by the Corps of Engineers. This
                    process, which is authorized under Section 404(q) of the Clean Water Act,
                    specifies that the Assistant Secretary of the Army (Public Works) and the Under
                    Secretary for Oceans and Atmosphere, or their immediate subordinates, must
                    consider any decision to authorize an activity for which the NIVIFS has
                    recommended contrary action.

                    The NIVIFS encourages prospective permit applicants to seek pre-application
                    dialogue with regulatory and review agencies when their projects may cause
                    significant harm, either singularly or in combination with other activities, to aquatic
                    environments. Such dialogue often fosters reductions in environmental harm and
                    expedites permit processing. Additional information may be obtained by contacting
                    the National Marine Fisheries Service, Habitat Conservation Division, P.O. Box
                    12607, Charleston, SC 29412, or by calling (803) 762-8574 or 8591. The fax
                    number is (803) 762-8700.


                    E. SOUTH CAROLINA ATTORNEY GENERAL

                    The role of the State Attorney General in reviewing projects that impact freshwater
                    wetlands has traditionally been limited to review to determine:

                            a. whether navigable waters will be obstructed; and
                            b. whether wetlands owned by the State in public trust will be adversely
                                affected or effectively converted to private use.

                    In those freshwater wetland areas above the tide, it is somewhat unlikely that the
                    State owns the wetland bottoms. Accordingly, for those areas, the Office of the
                    State Attorney General would only be concerned with the blockage of navigation.
                    For the areas which are freshwater but still tidal, the State Attorney General's
                    Office would examine them in light of both factors listed above.


                    F. SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND
                    HISTORY AND THE STATE HISTORIC PRESERVATION
                    OFFICE

                    The State Historic Preservation office (SHPO) reviews federally funded, licensed,
                    and approved projects, as mandated under Section 106 of the National Historic
                    Preservation Act of 1966, as amended, and the regulations codified at 36 CFR
                    Part 800. Section 106 requires that the SHPO participate in the review process
                    by considering and commenting on the effect that federal or federally funded,
                    licensed, or assisted projects will have on all historic and- prehistoric sites,
                    districts, buildings, structures, and objects that are judged worthy of inclusion in
                    the National Register of Historic Places (NRHP).


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                          The SHPO also reviews and commehts on State Navigable Waters Permit public
                          notices and South Carolina Department of Health and Environmental Control -
                          Office of Ocean and Coastal Resource Management (OCRM) public notices and
                          certifications. These comments are made to ensure that significant cultural
                          resources are considered in the project's planning process.

                          When a project is submitted for SHPO review, a project review is done to
                          determine whether an archaeological survey is necessary. If the survey is
                          required, the SHPO reviews a survey report prepared by an archaeological
                          consultant to determine if the methods used and management recommendations
                          are acceptable to preserve the site. The effects of the project on identified
                          archeological sites are also evaluated against the criteria for eligibility. The
                          decision of effect is then determined, adverse or not adverse, or no effect is
                          discovered based on survey results and determinations of eligibility.

                          If significant sites are discovered during the survey, the SHPO will work with the
                          agencies involved to determine the best way to manage those resources.
                          Minimizing the impact to, avoiding, or greenspacing these properties are the
                          preferred alternatives. If a site is listed on the National Register or is potentially
                          eligible to be listed on the register, it must either be greenspaced and preserved
                          or an archaeological recovery completed.

                          The SHPO will review and comment on the data recovery plan within 30 days of
                          receipt. Data recovery should adhere to the guidelines of the South Carolina
                          Department of Archives and History. An official agreement (e.g., a signed
                          Memorandum of Agreement) will be reached with the developer and agencies
                          involved with permitting the project. This document will serve as the guide for
                          management of the historic resources within the development project.

                          A more detailed discussion of the SHPO review, survey requirements, and
                          compliance responsibilities, is included as Appendix D.


                          G. SOUTH CAROLINA INSTITUTE OF ARCHAEOLOGY
                          AND ANTHROPOLOGY, USC

                          The South Carolina Institute of Archaeology and Anthropology (SCIAA) has
                          jurisdiction over submerged cultural properties on or embedded in the State-
                          owned bottom lands of navigable or formerly navigable waterways (South
                          Carolina Underwater Antiquities Act of 1991 (Code of Laws of S.C., 54-7-210 et
                          seq., 1976]). SCIAA also maintains all archaeological site information, State
                          archaeological collections, and regulates their use (Enabling Act of 1963 [Code
                          of Laws of S.C., 60-13-210, 19631). Historic and prehistoric burial consultation is
                          a service of the Office of the State Archeologist, which coordinates activities with
                          the Deputy State Archaeologist for Forensic Anthropology, Coroner's Offices, law
                          enforcement, and tribal entities.





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                   Where wetland areas consist of abandoned historic rice fields, a range of
                   submerged cultural resources can be found. These can include sunken historic
                   small craft in rice field canals, abandoned machinery in waterways, rice
                   plantation buildings, and rice mills. Historic small craft remains may also be
                   found in foundations for plantation dock pilings or as fill for breached rice filed
                   dikes.   Resources can also consist of scattered artifacts deposited around
                   plantation landing docks.

                   South Carolina's wetlands contain numerous archaeological sites, many of which
                   have not been located and documented in the State Site File System. For this
                   reason, individual docks located in high probability areas for impacting
                   submerged cultural resources are "conditioned,' which means that the permit
                   applicant is required to contact SCIAA in the event that any archaeological
                   remains are encountered during installation of docks or walkways.

                   SCIAA does not intend to create delays in the construction process. SCIAA staff
                   normally gather relevant data from the site and allow work to continue, or
                   suggest alternative placement of dock pilings to avoid adverse impact to any
                   submerged resources.

                   In the case of large developments where numerous docks are planned, SCIAA
                   seeks a master dock plan that indicates the placement of docks on each lot. If
                   the development is in an area where submerged cultural resources are
                   anticipated, a preliminary reconnaissance survey is often requested.
                   Reconnaissance surveys identify the presence or absence of cultural resources.
                   From this data, dock placement can be modified to avoid impact on resources.

                   Additional information may be obtained by contacting the South Carolina Institute
                   of Archaeology and Anthropology, 1321 Pendleton Street, Columbia, S.C.
                   29208. Telephone (803) 734-0566, Fax (803) 254-1338.
























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                 VII. MITIGATION



                 A. DEFINITION
                 r
                     e Federal wetlands program involves the mitigation of harmful effects of
                    necessary development activities on the nation's wetlands and other aquatic
                 resources. The Clean Water Act Section 404 permit program relies on a
                 sequential approach to mitigate these harmful effects by first avoiding
                 unnecessary impacts, then minimizing environmental harm, and finally,
                 compensating for remaining unavoidable damage to wetland and other aquatic
                 resources. Restoration, preservation, and creation of wetlands are examples of
                 compensation. Mitigation is also part of the "Swampbustern provisions of the
                 Food Security Act, whereby farmers are required to provide mitigation to offset
                 certain conversions of wetlands for agricultural purposes in order to maintain
                 their program eligibility.

                 A mitigation plan must be submitted by the applicant and approved by the South
                 Carolina Department of Health and Environmental Control - Office of Ocean and
                 Coastal Resource Management for allprojects which (1) require a coastal zone
                 consistency determination and (2) impact federally defined jurisdictional
                 freshwater wetlands in the coastal zone, unless (3) the Office of Ocean and
                 Coastal Resource Management determines the impacts are so minimal as not to
                 warrant mitigation.

                 A deliberate, logical, and sequential planning approach involves several of the
                 elements of mitigation which include avoidance, minimization, and reduction.
                 The Council on Environmental Quality defined at 40 CFR Part 1508.20 that
                 mitigation includes avoiding the impact, minimizing the impact, rectifying the
                 impact, reducing or eliminating the impact over time, and compensating for the
                 impact by replacing or providing substitute resources or environments. In the
                 early planning process leading to a conceptual master plan for a development,
                 careful consideration should be given to potential impacts to aquatic resources,
                 including wetlands. In developing the master plan, the three considerations
                 discussed below must be employed if a project is to proceed in an orderly and
                 timely manner.


                 B. PLANNING APPROACH


                 1. Identify
                 Prior to designing a conceptual development plan, a wise developer will identify
                 the size, type, and location of resources existing on or near the alternative
                 project sites being considered.      For initial pre-concept level plans the
                 identification need only be an approximation. This identification stage should
                 include review of wetland inventory maps and other available data regarding
                 aquatic resources. The presence or absence of other important resources (i.e.,



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                        endangered species, historic properties) should also be identified.           Before
                        proceeding with a concept level design, these initial identifications should be
                        developed into more detailed and certain information. Without first identifying the
                        potentially impacted resources, it is impossible to properlyfollow the recognized
                        404(b)(1) Guideline sequence to avoid, minimize, and compensate, which is
                        discussed below.


                        2. Avoid
                        In developing a layout for a parcel or tract of land containing aquatic resources,
                        such as wetlands, every effort should be made to avoid encroachments into
                        these areas. A well planned development can capitalize on the presence of
                        aquatic areas by utilizing them in their natural state for stormwater management,
                        or as open space, green areas or natural areas. Wetlands can be a selling point
                        for the development from both an aesthetic and an environmental viewpoint.
                        Also, a developer may be able to receive tax advantages by voluntarily placing
                        wetland areas into conservation easements. Avoiding wetlands can enhance
                        your development and allow the project to proceed unencumbered by the
                        permitting process. It is required under the 404(b)(1) Guidelines that impacts to
                        aquatic resources which can be avoided must be avoided.

                        3. Minimize
                        If the wetlands located on the tract cannot be totally avoided, then every effort
                        must be made to minimize encroachments into these areas. Early planning is
                        the key to minimizing impacts on the aquatic resource. The wetlands can be
                        used for storm water management in either their natural state, or in certain cases
                        by excavating a small portion of the wetlands to increase the capacity needed for
                        retention. Minimization can be attained in a number of ways but is generally
                        considered to have occurred when the discharges are held to the minimum
                        necessary to achieve the basic purpose. Examples of minimization include but
                        are not limited to the following:

                               ï¿½   Obtaining access to the property through wetlands only where
                                   highland access is upavailable.

                               ï¿½   Bridging wetlands to the maximum extent practicable taking into
                                   consideration cost, logistics, and existing technologies.

                               ï¿½   Providing steeper side slopes for access fills (within applicable safety
                                   requirements).

                               ï¿½   Planning a single access road rather than multiple accesses requiring
                                   fill or fragmenting aquatic areas.

                               ï¿½   Confining the development to the highland areas with minor
                                   encroachments where required.

                        Minimization of project encroachments into wetlands can significantly shorten the
                        time required to obtain authorization for the project under Nationwide Permits or
                        Individual Permits.



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                   4. Compensate
                   If more than minimal adverse impacts to the aquatic environment remain after
                   appropriate measures have been incorporated to avoid and minimize the
                   adverse impacts, then compensatory mitigation will normally be required                '
                   Compensatory mitigation means compensating for the adverse effects by
                   replacing or providing substitute resources or environments.            Categories of
                   compensatory mitigation for ecological effects include creation, restoration,
                   enhancement, and preservation.

                   The Council on Environmental Quality defined at 40 CFR Part 1508.8 that the
                   words impacts and effects are synonymous and that effects includes ecological,
                   aesthetic, historic, cultural, economic, social, or health, whether direct, indirect,
                   or cumulative. Further, the Council on Environmental Quality stated that effects
                   include:


                           a. Direct effects, which are caused by the action and occur at the same
                              time and place.
                           b. Indirect effects, which are caused by the action and are later in time
                              or farther removed in distance, but are still reasonably foreseeable.

                   For Nationwide Permits and small projects, the Corps will generally consider
                   compensatory mitigation plans which comply with the guidelines given in
                   Charleston District's SOP on mitigation to be satisfactory. For Individual Permit
                   applications which exceed the "small" threshold, the Corps may establish project
                   specific mitigation requirements in addition to, or in lieu of, the guidelines given in
                   the SOP. Note also that, for activities requiring project specific State approvals,
                   there may be additional mitigation requirements imposed by the State.
                   Examples of compensatory mitigation include the following.

                   a. Creation
                   In designing creation mitigation, care must be taken to avoid the selection of high
                   quality upland habitat for conversion. For example, a cut-over area or former
                   agricultural field would be ecologically preferable to a mature forested area as a
                   candidate for alteration. Mature forested areas will generally not be approved as
                   suitable creation areas. Creation of wetlands is most often a difficult, if not
                   impossible task. Before proposing this form of compensation, please seek
                   expert guidance.

                   b. Restoration or Enhancement
                   For example, filling drainage ditches to allow former agricultural or silvicultural
                   lands to return to a natural, functional wetland system.


                   c. Preservation
                   For example, dedication of ecologically significant lands to an appropriate trust
                   entity with provisions that require them to be preserved in their natural state in
                   perpetuity.

                   A willingness to compensate for wetland impacts does not necessarily mean that
                   a permit will be granted. First and foremost, a project must be found to be


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                          consistent with the 404(b)(1) Guidelines.        In addition, a project must be
                          determined to be "not contrary to the public interest".           To reach these
                          conclusions all reasonable and practicable efforts must have been made to avoid
                          and minimize wetland encroachments. However, compensation may be used to
                          tip the public interest scales to the positive side and may also be used to
                          influence a finding of compliance with the 404(b)(1) Guidelines.


                          C. DEED RESTRICTIONS

                          In connection with mitigation plans, the Corps of Engineers and the Office of
                          Ocean and Coastal Resource Management have developed a standard format
                          restrictive covenants document to avoid past problems with the preparation of
                          deed restrictions and protective covenants for 404 permits. A copy of this
                          document is included in Appendix A, pages 27-30. Specific conditions unique to
                          a mitigation plan can be inserted into the restrictive covenants document under
                          paragraph #2 with approval from Corps of Engineers and Office of Ocean and
                          Coastal Resource Management staff. Otherwise, paragraph #1 of the document
                          applies and no further review and approval by the Corps of Engineers and Office
                          of Ocean and Coastal Resource Management staff is required. To execute the
                          document, fill in the blanks with the particulars for the project and have it
                          recorded in the appropriate county records office.


                          D. MITIGATION BANKING

                          1. Background
                          Federal and State agencies have proposed a national policy for the use of
                          mitigation banks for the purpose of providing compensatory mitigation for
                          adverse impacts to wetlands and other aquatic resources. According to State
                          coastal zone regulations, mitigation banking will be considered for publicly
                          constructed linear projects such as highway or pipeline construction and projects
                          where no onsite mitigation is possible. The use of banking for other than the
                          projects listed above will be considered in concert with other regulatory agencies
                          if and when such mitigation banks are proposed or developed.              Mitigation
                          banking has been defined as follows:

                                 "welland restoration, creation, enhancement, and in exceptional
                                 circumstances, preservation undertaken expressly for the purpose
                                 of mitigating unavoidable adverse welland losses in advance of
                                 development actions, when compensatory mitigation cannot be
                                 achieved at the development site or is not as environmentally
                                 beneficial. It typically involves the consolidation of fragmented
                                 wetland mitigation projects into one large contiguous site. Units of
                                 restored, created, enhanced or preserved wetlands are expressed
                                 as 6credits" which may be subsequently      'be withdrawn to offset
                                 "debits" incurred at a project development site."




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                    The Clinton Administration comprehensive package released on August 23,
                    1993, called for improvements to federal wetlands programs, including support in
                    the use of mitigation banks for purposes of compensation for unavoidable
                    adverse wetland losses. At the same time, the Environmental Protection Agency
                    and the Army Corps of Engineers issued interim guidance clarifying the role of
                    mitigation banks in the Section 404 permit program and providing general
                    guidelines for their establishment and use.

                    The objective of a mitigation bank is to provide for the replacement of the
                    chemical, physical and biological functions of wetlands and other aquatic
                    resources which are lost as a result of authorized impacts. The new functioning
                    establishment is considered to be mitigation "credit", to be utilized by the bank
                    sponsor or other interested parties. (The sponsor can usell" the mitigation
                    "credit" to third parties.)

                    Mitigation banks are established in advance of the project requiring mitigation
                    Ucredit". This allows for a constructed and functioning system to be in place in
                    advance of a needed wetland mitigation. The established system reduces the
                    uncertainty in the Clean Water Act Section 404 permit program or the Food
                    Security Act *Swampbuster' program by establishing the compensatory
                    mitigation "credit" available to an applicant. By consolidating compensation
                    requirements, banks can effectively replace lost wetland functions within a
                    watershed, as well as provide economies of scale relating to the planning,
                    implementation, monitoring and management of mitigation projects.

                    2. Bank Sponsors And Site Selections
                    Prior to constructing and establishing a functioning system for mitigation "credit",
                    a prospective bank sponsor is encouraged to contact the appropriate agencies
                    (i.e., Army Corps of Engineers, Natural Resources Conservation Service, and
                    State agencies) to advise them of their initial planning.          Formal agency
                    involvement and review will begin upon submittal of a proposal (i.e., plan for
                    establishment of a mitigation bank). Please note that submittal of a proposal in
                    no way guarantees use of, a bank to satisfy compensatory mitigation
                    requirements of any authorized activity. The permitting agency(s) determines
                    what compensatory mitigation will be acceptable.

                    Mitigation banks should be planned and developed to address resource needs
                    within a particular watershed. In selecting the site, the bank sponsor should give
                    particular attention to the ecological suitability of the site for achieving the goal
                    and objectives of a bank. In other words, the proposed site possesses the
                    physical, chemical and biological characteristics to support establishment of the
                    desired aquatic resources and functions.

                           Factors to be considered upon site selection:
                           ï¿½   size and location of the site relative to other ecological features
                           ï¿½   hydrologic sources, including the availability of water rights
                           ï¿½   compatibility with adjacent land uses
                           ï¿½   watershed management plans
                           ï¿½   development trends (i.e., land use changes)


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                                 ï¿½   habitat status and trends
                                 ï¿½   local or regional goals for the restoration or protection of particular
                                     habitat types or functions
                                 ï¿½   water quality and floodplain management goals
                                 ï¿½   establishment of habitat for species of concern

                         It is also important that ecologically significant upland resources (e.g., mature
                         forests), cultural sites, or threatened and endangered species habitats are not
                         compromised in the process of establishing a bank.

                         3. Advantages
                         The use of mitigation banks for future available mitigation "credits" has
                         advantages over the individual mitigation projects that are needed as a result of
                         immediate compensation. Some advantages are listed below:

                         ï¿½  It may be more advantageous for maintaining the integrity of the aquatic
                            ecosystem to consolidate compensatory mitigation into a single large parcel
                            or contiguous parcels when ecologically appropriate;

                         ï¿½  Establishment of a mitigation bank can bring together financial resources,
                            planning and scientific expertise not practicable to many project-specific
                            compensatory mitigation proposals. This consolidation of resources can
                            increase the potential for the establishment and long-term management of
                            successful mitigation that maximizes opportunities. for contributing to
                            biodiversity and/or watershed functions;

                         ï¿½  Use of mitigation banks may reduce permit processing times for projects that
                            qualify and provide more cost-effective compensatory mitigation
                            opportunities;

                         ï¿½  Compensatory mitigation is typically implemented and functioning in advance
                            of project impacts, thereby reducing temporal losses of aquatic functions and
                            uncertainty over whether the mitigation will be successful in offsetting project
                            impacts;

                         ï¿½  The existence of mitigation banks can contribute towards attainment of the
                            goal for no overall net loss of the Nation's wetlands by providing applicants
                            with opportunities to compensate for authorized impacts when mitigation
                            might not otherwise be required.

                         4. Use Of Mitigation "Credits"
                         The appropriate federal and state agencies determine the amount of mitigation
                         credits and approve use of credits for necessary development activities.
                         However, the credits are only to be used after all appropriate and practicable
                         steps have been undertaken by the applicant to first avoid and minimize adverse
                         impacts to aquatic resources, prior to authorization to use a particular mitigation
                         bank. In other words, the applicant cannot assume that the mitigation bank will
                         be allowed for compensation without initial justification that compensatory
                         mitigation would have been the only alternative. For both the Section 101404


                                 South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                                    93


                  and "Swampbuster programs, requirements for compensatory mitigation may be
                  satisfied through the use of mitigation banks when either on-site compensation is
                  not practicable or use of the mitigation bank is environmentally preferable to on-
                  site compensation.

                  The service area of a mitigation bank is the designated area (e.g., watershed,
                  county) wherein a bank can reasonably be expected to provide appropriate
                  compensation for impacts to wetlands and/or other aquatic resources.

                  The applicant should keep in mind that in-kind (i.e., similar ecological areas)
                  compensation will generally be required in use of mitigation "credits". Out-of-kind
                  (i.e., dissimilar ecological areas) compensation may be acceptable if it is
                  determined to be practicable and environmentally preferable to in-kind
                  compensation.


                  Please Note: The information on mitigation banking is only a summary of the
                  proposed national policy obtained from the proposed mitigation banking
                  guidance that was published in the Federal Register, March 6, 1995. It is
                  important to contact the appropriate agencies (e.g., Army Corps of Engineers,
                  and State agencies) for specific information regarding a particular area of a
                  proposed mitigation bank.       In addition, South Carolina State and federal
                  agencies are in the process of developing mitigation banking guidelines for use
                  in South Carolina.

































                          South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                         94



                                                      1



























































                    - South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                                   95

                   Vill. GENERAL GUIDANCE


                   A. TIPS ON MINIMIZING DELAYS IN THE DEPARTMENT OF
                   THE ARMY PERMIT PROCESS
                   P
                      ermit applicants and agents often ask if there is anything they can do to help
                      minimize the time required to process their permit application. The following
                   list shows some of the most common delay factors which an applicant or agent
                   can affect. This is not a complete list, only some basic observations.

                   1. Make sure the application is complete. Checklists are available which you
                   may request and use as a guide for checking completeness.

                   2. Make sure drawings are in black and white. Color reproduction is not used
                   for public notices.

                   3. Make sure application drawings are on "8% x 11 " paper. Large size plans
                   are not used for public notices. When reducing plans make sure the scale is
                   correct after reduction.


                   4. Make sure all plans and written materials are clear, readable, reproducible,
                   and complete. A common problem which delays processing is when material is
                   submitted which is a third or fourth generation reduced copy which has become
                   blurred, distorted, or illegible.

                   5. Show all significant and required dimensions clearly on the plans. This is
                   covered in some detail on the checklists mentioned above. Normally the
                   minimum dimensions which are needed are length, width,, depth, and volume of
                   each activity impacting waters of the United States.

                   6. Show the location and boundaries of the project on a map included in the
                   plans.

                   7. For all projects which exceed one acre of impact to wetlands, a verified
                   wetland delineation may be required before the application will be put on public
                   notice. Contact your project manager to determine whether an approximation or
                   a detailed delineation will be required.

                   8.  Submit dated revision pages for all significant changes to application
                   drawings, mitigation plans, etc.

                   9. Provide written responses to all objections and recommendations made by
                   the commenting agencies at the earliest possible date.

                   10. An issue which frequently comes up during permit processing is whether or
                   not there is an alternative to the proposed activity which would satisfy the



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                                                                                                       96


                        applicants purpose and need.       If "the application includes a good written
                        alternatives analysis this often helps resolve such issues with minimal delays.
                        You may request samples from your project manager of such analysis for
                        guidance in preparing your application. For non-water dependent activities, an
                        alternatives analysis is normally required. Although recommended, it is not
                        mandatory that an analysis be submitted with your initial application.

                        11. At your discretion, and on a strictly voluntary basis, you may submit
                        proposed drafts to assist the project manager in preparing such documents as
                        public notices, environmental assessments, alternatives analyses, special
                        conditions, and decision documents.      For large, complex, or controversial
                        applications, such submittals can help reduce processing time. However, these
                        submittals are only useful if they are well written and objectively address all
                        important aspects of the issues involved. You may request samples of such
                        documents for guidance. However, before expending significant effort, you
                        should discuss what materials might be helpful, if any, with the project manager
                        handling the application.

                        12. At your discretion, and on a strictly voluntary basis, you may submit copies
                        of supporting documentation (e.g. alternatives analysis, mitigation proposals,
                        proposed drafts) on computer diskette for the Corps use. This can reduce the
                        time required to retype printed materials. Before submitting diskettes, contact
                        your project manager to determine what formats (e.g. WordPerfect, IVIS Word,
                        Arc/Info) are acceptable.


                        B. DEVELOPMENT DO'S AND DOWTS


                        The following do's and don'ts are not conclusive but without adherence to these
                        concepts substantial project delays may occur.

                        ï¿½  Do incorporate wetlands in their natural state as part of a project's
                           stormwater management plan.

                        ï¿½  Do include a proposed draft compensatory mitigation plan with any
                           application you believe will warrant such mitigation.

                        ï¿½  Do provide upland buffer zones around preserved wetlands.

                        ï¿½  Do avoid all encroachments into aquatic areas which are not necessary to
                           fulfill the basic purpose, or for which less damaging sites are available.

                        ï¿½  Do minimize any impacts to the environment that cannot be avoided to the
                           extent practicable taking into consideration cost, logistics, and existing
                           technologies.






                                South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                                  97


                    ï¿½  Do seek pre-application consulfations with the permitting and/or resource
                       agencies for projects with potentially significant impacts to aquatic sites,
                       cultural resources, or the environment.

                    ï¿½  Do include all phases of a development when submitting a plan for review.
                       The intended use for all aquatic areas, including wetlands, on-site should be
                       shown.


                    ï¿½  Do design road crossings, weirs, and flow impeding activities so as not to
                       isolate aquatic areas hydrologically or to prevent the movement of aquatic
                       life. For example, road crossings should be adequately culverted or bridged,
                       weirs should be of minimal depth, stream impoundments should provide fish
                       ladders where possible, etc.

                    ï¿½  Don't purchase property without knowledge of the type, size, and location of
                       aquatic areas.

                    ï¿½  Don't prepare development plans without knowledge and consideration of
                       potential impacts to aquatic resources on or near the property.

                    ï¿½  Don't prepare project plans using wetland delineations which have not been
                       verified as accurate by the Corps of Engineers.

                    ï¿½  Don't try to piecemeal permit approvals for a development.

                    ï¿½  Don't plan extensive canals through wetlands to create waterfront lots or
                       water access.


                    ï¿½  Don't excavate wetlands to create lakes or ponds.

                    ï¿½  Don't impound rivers or streams to create ponds.

                    ï¿½  Don't fill wetlands to create, residential or commercial lots.

                    ï¿½  Don't undertake any project without first obtaining all necessary permits
                       and/or certifications.



















                          South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                         98

































































                    - South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                               99


                  IX. FLOWCHARTS
                  T
                      is section contains flow charts that trace the procedures involved in the
                     permit process. Flow Chart'A'shows an overview of the interagency
                  operations of the Individual Permit process. This then leads to the Individual
                  Permit process of the South Carolina Department of Health and Environmental
                  Control - Division of Water Quality (Chart V), the Department of Health and
                  Environmental Control - Office of Ocean and Coastal Resource Management's
                  process for Nationwide Permit 26 for projects outside of the coastal zone and
                  affecting more than 1 acre of wetlands (Chart'C').and the Army Corps of
                  Engineers Individual Permit process (Chart'D'). Also included is the water
                  quality certification process of the South Carolina Department of Health and
                  Environmental Control (Chart'E').













































                         South Carolina's Developer's Handbook for Freshwater Wetlands








                                                                                                                                                                         100




                                                                  INDIVIDUAL PERMIT PROCESS

                                                                                    (Flow Chart A)





                       Adjacent               State Historic          U.S. Fish and                 Other                   Federal,
                         Land                Preservation                Wildlife                  Agency                 State & Local
                       -Owners                    Office                 Service                 Comments                    Officials

                                                                                                                                                                    DHEC-Division of
                                                                                                                                                                      Water Quality
                                                                                                                                                                      Flow Chart B



          Completed                    Public                    Comments Received                                                                                    DHEC-OCRM
          Application                  Notice                          Normally in
           Received                   Issued                            30 Days                                                                                       Flow Chart C



                                                                                                                                                                         Corps of
                                                                                                                                                                        Engineers
         General                  U.S.               National Marine             DHE                Special                       DHEC                                Flow Chart D
          Public              Environmental          Fisheries Service         Division of          Interest          Office of Ocean and Coastal
                           Protection Agency                                iWater Qcuality         Groups               Resource Management



                                                          South Carolina's Developer's Handbook for Freshwater Wetlands





                                                                                                                                                   101




                 SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
                                                          DIVISION OF WATER QUALITY
                                               PROCESS FOR STATE NAVIGABLE WATERS

                                                                         (Flow Chart 13)





                                                                                                                                    Federal             Action
                                                                                                                               0    Agency              Taken
                                                                                                                                    Advised



                                                 No State Agency                                  Division of Water
                                                    Objections                                  Quality Determines
                                                    Received                                          Action


         30 Day          Division of Water
       Public Notice     Quality Receives
                            Comments

                                                   State Agency             Reconciliation                                       State Permit           Appeal
                                                    Objections                 Process                                         0 Issued or             Process
                                                    Received                                                                        Denied











                                                  South Carolina's Developer's Handbook for Freshwater Wetlands







                                                                                                                                                                     102




                   SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
                                  OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT'S
                                                        PROCESS FOR NATIONWIDE PERMIT 26
                                                                  For Projects Within the Coastal Zone

                                                                                  (Flow Chart C)





                                                                                                                                             Decision             OCRM ISSUES
                                                  One Time Public                                                                              Not               CERTIFICATION
                                                  Notice Placed in                                                                           Appealed
                                                 Local Newspaper                                                OCRM Issues
                                                   15 Day Public                                              "Notice of Intent to
                                                  Comment Period                                                     Issue"
                                                                                                                10 Day Review
         Applicant Submits                                                             OCRM Staff
       Wetlands Delineation                                                            Assessment                                            Decision              CONTESTED
         and Predischarge                                                                                                                    Appealed                  CASE
         Notification to U.S.                                                                                                                                     PROCEDURES
           Army Corps of
             Engineers                                                                                               OCRM
                                                                                                                     Denies
                                                   OCRIVI/Corps                                                      Project
                                                 Joint Public Notice                   State Agency                                          Decision                NO OCRM
                                                  30 Day Review                         Comments                                               Not                CERTIFICATION
                                                                                         Received                                            Appealed                 ISSUED






                                                        South Carolina's Developer's Handbook for Freshwater WeUands,





                                                                                                                                                                        103




                                                              U.S. ARMY CORPS OF ENGINEER'S
                                                                  INDIVIDUAL PERMIT PROCESS


                                                                                    (Flow Chart D)


                                                                                       Discharges DO NOT                   Permit
                                                                                            Comply with                    Denied
                                                                                       404(b)(1) Guidelines


                           No                         OCRM & DHEC-EQC
                       Objections                      Certifications and/or
                       Received                        State Permit Issued
                                                                                                                           Project is                Permit
                                                                                                                          Contrary to                Denied
          Corps                                                    Applicant                                            Public Interest
         Receives                                                  Resolves             Discharges COMPI
        Comments                                                  Objections               with 404(b)(1)
                                      No Additional                                          Guidelines    I-
                                   Information Required                                                                  Project is not         MOA Procedures                Perinit
                                   to Evaluate Concerns                                                                   Contrary to           Completed or Not            Offered to
                                                                                                                        Public Interest             Required                Applicant
                                                               Applicant Does
                       Objections                               Not Resolve
                       Received                                   Objections
                                                                                                                        E
                                                                                                                            Proj'
                                                                                                                          Co  ntr
                                                                                                                          ub ic
                                                                                                                        P      I













                                   Additional Information          Applicant               Objections                 MOA Procedures                    Permit
                                   Required to Evaluate            Provides               From Federal                Completed or Not                Offered to
                                         Concerns               Required Data              Agency(s)                      Required                    Applicant



                                                          South Carolina's Developer's Handbook for Freshwater WeUands








                                                                                                                                                104



                 SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
                                              WATER QUALITY CERTIFICATION PROCESS
                                                                   INDIVIDUAL PERMIT

                                                                        (Flow Chart E)





                                                                                                                    Decision Not           DHEC Issues
                                                                                                                     Appealed               Certification


         Application Received            Comments Received by                DHEC Issues Notice of
              15 or 30 Day                  DHEC Agencies,                    Proposed Decision
                                                                            Includes Staff Assessment
           Joint Public Notice            Interested Public, and             Documenting Decision
                                             Other Agencies                   15 Day Appeal Period

                                                                                                                      Decision            Contested Caise
                                                                                                                     Appealed               Procedures
                                          OCRM Coastal Zone                                                                               DHEC Regulation
                                         Consistency Certificatio                                                                              61-72
                                                Received











                                                 South Carolina's Developer's Handbook for Freshwater Wetlands















              APPENDIX A .




                                                                             Al



        Charleston District - Corps of Engineers P.O. Box-919 Charleston, SC 29402
                               REQUEST FOR WETLANDS DETERMINATION

        Date:

        County:                          Total Acreage of Tract:

        Project Nnme (if applicable):

        Property Owner                  Agent/Developer/Engineer
        (name, address, phone)          (name, address, phone):





        Status of Project (check one):

           On-going site work for development purposes.

           Development in planning stages.

           No specific development planned at this time.

        Project Type - indicate the proposed use of the land in question or, if no specific work
        is planned at present, the current zoning or land use at the site:

           Residential        Commercial        Mixed use (residential + commercial)

           Industrial         Agriculture       Public Works

           Silviculture       Aquaculture       Other:

        Information,Required to Accompany Request Check the items submitted - forward as much
        information as is available. At a minimum, the first two items must be forwarded;
        Consultants must submit the first four.

           Accurate Location Map (from County Map, USGS Quad Sheet, etc.)

           Survey Plat or Tax Map of the property in question.

           Soil Survey Sheet (from SCS) or Aerial Photograph (from County Assessors Office or
        other source - property boundaries shown on the soil survey/photo would be very
        helpful).

           Latitude and Longitude for the center of property.

           Topographic Survey.

           Conceptual Site Plan for the overall development.

        Signature of Property Owner or Authorized Agent:
        The person signing this form must have the authority of the owner to authotrize Corps
        of Engineers employees or their agents to enter onto the property for onsite
        investigations if such is deemed necessary. Do not sign unless you have the specific
        authority of the owner.


        REVISED 15 FEB 94





                                                                                                                                                          A2

              .@South Carolina                                                                                                Bureau of Water Pollution Control
                                                                                                                                       Division of Water Quality
                                                                                                                                          and Shellfish Sanitation
              DHEC                                                                                                                               2600 Bull Street
              D%wmmt cg mom and Em*avn&ft Cw&u                                                                                             Columbia, SC 29201
                                                                         Permit Application
                                                                                     For
                                                              Construction in Navigable Waters
                                                                    (Please Type or Print in Ink)


             I         Applicant                                                            Authorized Agent

                       Name                                                                      Name
                       Address                                                                  Address



                       Telephone                                                                 Telephone



             2.        Location where proposed activity exists or will occur.

                       County:
                       Nearest City or Town:
                       Nearest Street or Road:
                       Name of Waterbody:
                       Latitude:                                Longitude:

                       One set of original drawings which show the location and character of the proposed activity must
                       be attached to this application (see instructions).



            3.         Describe the proposed activity, its purpose and intended use, including a description of the type of
                       structures, and the type, composition and guanti                         (cubic yards) of materials to be deposited or
                       excavated and means of conveyance.











            4.         Proposed Use (Circle One).

                       Private            Public/Commercial Other (Explain in remarks section, #12)





                                                                                                                  A3
    5.      Please list the names and mailing addresses of all adjoining property owners whose property also adjoins
            the waterway. Applications submitted without the addresses -of adjoining property owners will be
            returned as incomplete.










    6.      Affidavit of publication describing the proposed activity in a newspaper of general circulation in the
            county where the encroachment is sought must be attached to this application. Certification may be an
            affidavit of publication or dated newspaper clippings. See the attached Public Notice Requirement page
            (attachment A) for more information.




    7.      Evidence of ownership or the consent of the owner of the adjacent highland on which any part of the
            projected activity will be located must accompany this application. The attached form entitled
            "Affidavit of Ownership or Control" (attachment B) is to be used for this purpose. The affidavit is
            to be completed, notarized and returned as a part of this application.




    8.      Date activity is proposed to begin:
            Date activity is expected to be completed:




    9.      Is any portion of the activity for which authorization is sought now complete? Yes - No
            If the answer is "Yes", give the reasons in the remarks section (question 12). Please give the month
            and year the activity was completed                           Indicate all existing work on the drawings.



    10.     List all approvals or certifications required by other Federal, Interstate, State, or local agencies for any
            structures, construction, discharges, deposits or other activities described in this application.

                   Issuing         Type           Identification         Date of                Date of
                   Agency          Approval       Number                 Application            Approval






                                                                                                                      A4
           11.    Has any agency denied approval for the activity described herein or for any activity directly related to
                  the activity described herein?
                  Yes        No         (If the answer is "Yes" explain in the remarks section, #12).




           12.    Remarks:












          13.     Permits authorizing structures in navigable waters are generally issued for ten (10) years and are
                  renewable. Construction of authorized structures must generally be completed within three (3) years
                  of the date of permit issuance. Applicants requesting longer term permits must indicate the requested
                  term and justification below.

                  Requested term:
                  Structure - years
                  Construction           years

                  Justification: (Attach additional pages if necessary)





          14.     Application is hereby made for a permit or permits to authorize the activities described herein. I certify
                  that I am familiar with the information contained in this application, and that to the best of my
                  knowledge and belief such information is true, complete, and accurate. I further certify that I possess
                  the authority to undertake the proposed activities.



                                                        Signature of Applicant                       Date
                                                               or
                                                        Authorized Agent

          Please return the completed application and all attachments to:

                  South Carolina Department of Health and Environmental Control
                  Waccamaw EQC District Office
                  Attention: Jeff Havel
                  1705 Oak Street Plaza, Suite 2
                  Myrtle Beach, SC 29577
                  803-448-1902





                                                                                                                                       A5

                                                 AFFIDAVIT OF OWNERSHIP OR CONTROL


               TO THE S.C. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL:

               (1)      [THIS PARAGRAPH SHALL BE COMPLETED BY THE RECORD OWNER] I hereby swear (or
               affirm) that I am the record owner of the highland property shown in the attached permit application situated in
                                       County, South Carolina; and that said property is all of the property that is contiguous to and
               landward of the area in which the work proposed in the permit application is to be conducted. Furthermore, I swear
               (or affirm) that as record owner I have the necessary approval or permission from all other persons with a legal
               interest in said property to conduct the work proposed in the permit application.

               STATE THE NAME AND ADDRESS OF ALL OTHER PERSONS WITH A LEGAL INTEREST IN SAID
               PROPERTY:












               (2)     [THIS PARAGRAPH IS TO BE COMPLETED BY THE RECORD OWNER IF THE PERMIT
               APPLICANT IS NOT THE SAME PERSON AS THE RECORD OWNER) I hereby swear (or affirm) that the
               applicant,                               , for the permit which is the subject of the attached permit application has
               been given the necessary approval and permission from me to conduct the work proposed in the permit application.

               (3)     [THIS PARAGRAPH TO BE COMPLETED IF THE PERMIT APPLICANT IS A RECORD EASEMENT
               HOLDERJas the record easement holder I hereby swear (or affirm) that I am the record easement holder of the
               highland property shown in the attached permit application situated in                                 County, South
               Carolina; and that said property is all of the property that is contiguous to and landward of the area in which the
               work proposed in the permit application is to be conducted, and the easement is sufficient to authorize the work
               proposed in the permit application. The easement relied upon was granted to me by (name of grantor)
               - on (date)                          , and the easement is recorded in the office of the Clerk of Court or Register
               of Mesne Conveyance for the County of                      in Book            , at Page

               NOTE! A copy of the easement relied upon by the permit applicant must be attached to this affidavit at the time
               the affidavit is submitted to the S.C. Department of Health and Environmental Control.

               This Affidavit applies only to highland and does not apply to any area below mean high water in tidelands or
               ordinary hig h water in non-tidal waters.


                                                                Affiant's Signature


                                                                       Date


               Sworn to and subscribed before me

               at
                                          County,

               this        day of _, 19


               Notary Public
               My Commission expires:_.





                                                                                                                                                            A6
                                                                                                           Bureau of Water Pollution Control
                                                                                                                   Division of Water Quality
                                                                                                                            2600 Bull Street
           DHEC                                                                                                        Columbia. SC 29201
           omm"WN of 00110" &V Fift     Cava


                                                         STATE CERTIFICATION


           Applicant:                                                       PINNumber:

                         Before the Department can act on your application for Water Quality Certification and Coastal Zone
                Consistency Certification you must 1) publish notic of the application in a newspaper and 2) submit the
                required fee. Details of each of these requirements follow.

                1) PUBLIC NOTICE: Pursuant to R. 61-101, Water Quality Certification, and the Coastal Zone Management
                Program (48-39-10 et.sea. , a notice in the newspaper must contain information explaining the location. nature,
                and extent of the proposed activity. The notice must indicate a 15 day comment period and be published in a
                newspaper of local or general circulation in the county where the activity is proposed to take place for one day.
                You must provide SCDHEC with an affidavit of publication from the newspaper within fifteen days of
                publication. You must publish the following notice and submit an affidavit of publication before SCDHEC
                can continue processing your application.



                                                                PUBLIC NOTICE
                                (An2licant has applied to the South Carolina Department of Health and
                                Environmental Control for a State Certification to (brief description of work)
                                for (public/vrivate use in (name and location of waterbody). Comments will
                                be received by South Carolina Department of Health and Environmental
                                Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Rheta Geddings,
                                Division of Water Quality, until (insert date - 15 days from date of this notice .



                2) FEE: Pursuant to R. 61-30, Envirorimental Protection Fez, the Department is authorized to collect
                application fees for Water Quality Certifications. The following fee is now due to the Department of Health
                and Envirorunental Control:


                                ^C (applicant's name)
                                Joint Public Notice Number ^C
                                Issue Date: ^C
                                Total Due: $^C



                        'Me Department has 180 days to complete action on an application for 401 Water Quality Certification
                or the assessd fee must be returned. This 180 days includes only those days in which the application is actively
                being reviewed by the Department; the clock stops when information is requested and the Department is waiting
                on a response. Accordingly, the 180 day clock will not start until we have received
                an affidavit of publication and the appropriate fee.

                  If you have questions regarding these requirements, please con= Mark Giffin at 803-734-5302, Heather
                Lindsay at 803-734-5301 or Jeff Havel at 803-448-1902. **

        --------------------------------------------------------------------------------


                                .C
                                Joint Public Notice Number ^C
                                Issue Date: ^C
                                Total Due: $^C



                        Please  return this page with your check (made payable to S. C. Department of Health and
                Environmental   Control) and your affidavit of publication to:


                                S. C. Department of Health and Environmental Control
                                Bureau of Water Pollution Control
                                Attn: Rheta Geddings
                                2600 Bull Street
                                Columbia. SC 29201





                                                                                                                                              A7
     -South Carolina                                                                           Bureau of 'Aater Pollution Control
                                                                                                       Division of Water` QualirN
                                                                                                               2600 Bull Street
     :)HEC.                                                                                               Columbia. SC 29201
     vvnwv of H@80 am ErmVwwronou Cww




       STATE CERTIFICATION AND CONSTRUCTION IN NAVIGABLE WATERS PERMIT

     )plicant:                                                   P/N Number:

        Before the Department ran act on your application for State Certification and Construction in Navigable Waters
     mit you must 1) publish notice of the application in a newspaper and 2) submit the required fee. Details of each of these
     uirements follow.


     PUBLIC NOTICE: Pursuant to R. 61-101, Water Quality Certification, the Coastal Zone Management Program (48-39-
     et.seq. , and R. 19-450, Permits for Construction in Navigable Waters, a notice in the newspaper must contain
     )rmation explaining the location, nature, and extent of the proposed activity. The notice must indicate a !5 day comment

     I
     'od and be published in a, newspaper of local or general circulation in the county where the activity is proposed to take
     -e for one day. You must provide SCDHEC with an affidavit of publication from the newspaper within fifteen days of
     lication. You must publish the following notice and submit an affidavit of publication before SCDHEC can
     tinue processing your application.


                                                     PUBLIC NOTICE


                (Applicant has applied to the South Carolina Department of Health and Environmental
                Control for a State Certification and a Construction in Navigable Waters Permit to Cbrief
                description of work) for (public/private use in (name and location of waterbody).
                Comments will be received by South Carolina Department of Health and Environmental
                Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Rheta Geddings, Division of Water
                Quality, until (insert date - 15 days from date of this notice).



     .-EE: Pursuant to R. 61-30, Environmental Protection Fees, and Chapter 1 of Title 49 of the 1976 Code of Laws, the
     artment is authorized to collect application fees for Water Quality Certifications and Construction in Navigable Waters
     nits. The following fee is now due to the Department of Health and Environmental Control:

                'C (applicant's name)
                Joint Public Notice Number ^C
                Issue Date: ^C
                Total Due: S^C



       The Department has 180 days to complete action on an application for 401 Water Quality Certification or the assessd
     must be returned. This 180 days includes only those days in which the application is actively being reviewed by the
     artment; the clock stops when information is requested and the Department is waiting on a response. Accordingly,
     180 day clock will not start until we have received an affidavit of publication and
     appropriate fee.

     you have questions regarding these requirements, please contact Mark Giffin at 803-734-5302, Heather Lindsay at 803-
     ,5301 or Jeff Havel at 803-448-1902. **


     ------------------------------------------------------------------------------

                ^C
                Joint Public Notice Number -C
                Issue Date: ^C
                Total Due: $^C


       Please return this page with your check (made payable to S. C. Department of Health and Environmental Control)
     your affidavit of publication to:


                S. C. Department of Health and Environmental Control
                Bureau of Water Pollution Control
                Attn: RheEa Geddings
                2600 Bull Street





                                                                                                                                                      A8
                  South                                                                               Bureau of Water Pollution Control
                                                                                                              Division of Water QualirN
                                                                                                                      2600 Bull Street
          D-                       C                                                                             Columbia. SC 29201
         0WIVIrrov of mum ov Er"W"Wal corbal


                                   CONSTRUCTION IN NAVIGABLE WATEERS PERMIT

         Applicant:                                                     P/NNumber:

                      Before the Department can act on your application for Construction in Navigable Waters Permit you
              must 1) publish notic of the application in a newspaper and 2) submit the required fee. Details of each of these
              requirements follow.

              1) PUBLIC NOTICE: Pursuant to R. 19-450, Permits for Construction in Navigable Waters, a notice in the
              newspaper must contain information explaining the location, nature, and extent of the proposed activity. The
              notice must indicate a 15 day comment period and be published in a newspaper of local or general circulation
              in the county where the activity is proposed to take place for one day. You must provide SCDHEC with an
              affidavit of publication from the newspaper within fifteen days of publication. You must publish the following
              notice and submit an affidavit of publication before SCDHEC can continue processing your application.


                                                            PUBLIC NOTICE
                              (Applicant has applied to the South Carolina Department of Health and
                              Environmental Control for a Construction in Navigable Waters Permit to (brief
                              descriRtion of work) for (public/private use in (name and location of
                              waterbody . Cornments will be received by South Carolina Department of
                              Health and Environmental Control at 2600 Bull St., Columbia, SC, 29201,
                              ATTN: Rheta Geddings, Division of Water Quality, until (insert date - 15 days
                              from date of this notice .




              2) FEE: Pursuant to Chapter I of Title 49 of the 1976 Code of Laws, the Department is authorized to collect
              application fees for Construction in Navigable Waters Permits. The following fee is now due to the Department
              of Health and Environmental Control:

                              ^C (applicant's name)
                              Joint Public Notice Number 'C
                              Issue Date: ^C
                              Total Due: S^C




                 If you have questions regarding these requirements, please contact Mark Giffin at 803-734-5302, Heather
              Lindsay at 803-734-5301 or Jeff Havel at 803-448-1902.





      --------------------------------------------------------------------------------








                              .C
                              Joint Public Notice Number ^C
                              Issue Date: ^C
                              Total Due: S'C



                      Please  return this page with your check (made payable to S. C. Department of Health and
              Environmental   Control) and your affidavit of publication to:
                        Carolina,
                  HE






























































                              S. C. Department of Health and EnvironmenEal Control
                              Bureau of Water Pollution Control
                              Attn: Rheta Geddings
                              2600 Bull Street
                              Columbia. SC 2C)201




                                                                                                                                          A9

   -Sout               lima                                                                   Bureau of Water Pollution Control
                                                                                                      Division of Water Quality
                                                                                                              2600 Bull Street
   D                 EC                                                                                  Columbia. SC 29201
                                  1
                               Can"


                           COASTAL ZONE CONSISTENCY CERTIFICATION &
                            CONSTRUCTION IN NAVIGABLE WATERS PERMIT


  4pplicant:                                                     P/NNumber:

               Before the Department can act on your application for Coastal Zone Consistency Certification and
       Construction in Navigable Waters Permit you must 1) Rublish notice of the application in a newspaper and 2)
       submit the required fee. Details of each of these requirements follow.

       1) PUBLIC NOTICE: Pursuant to the Coastal Zone Management Program (48-39-10 et.seg. , and R. 19450,
       Permits for Construction in Navigable Waters, a notice in the newspaper must contain information explaining
       the location, nature, and extent of the proposed activity. The notice must indicate a 15 day comment period
       and be published in a newspaper of local or general circulation in the county where the activity is proposed to
       take place for one day. You must provide SCDHEC with an affidavit of publication from the newspaper within
       fifteen days of publication. You must publish the following notice and submit an affidavit of publication
       before SCDHEC can continue processing your application.



                                                     PUBLIC NOTICE
                       (AppligaW has applied to the South Carolina Department of Health and
                       Environmental Control for a Coastal Zone Consistency Certification and a
                       Construction in Navigable Waters Permit to (brief description of work for
                       (vublic/Rrivate use in (time and location of waterbody). Comments will be
                       received by South Carolina Department of Health and Environmental Control
                       at 2600 Bull St.. Columbia. SC, 29201, ATTN: Rheta Geddings, Division of
                       Water Quality, until (insert date - 15 days from date of this notice).



       2) FEE: Pursuant to Chapter I of Title 49 of the 1976 Code of Laws. the Department is authorized to collect
       application fees for Construction in Navigable Waters Permits. The following fee is now due to the Department
       of Health and Environmental Control:


                       ^C (applicant's name)
                       Joint Public Notice Number ^C
                       Issue Date: ^C
                       Total Due: S^C




         If you have questions regarding these requirements, please contact Mark Giffin at 803-734-5302, Heather
       Lindsay at 803-734-5301 or Jeff Havel at 803-448-1902.


   -------------------------------------------------------------------------------




                        C
                       Joint Public Notice Number ^C
                       Issue Date: ^C
                       Total Due: S^C


              Please   return this page  with your check (made payable to S. C. Department of Health and
       Environmental   Control) and your affidavit of publication to:
           South C
           H       a


































































                       S. C. Deparanent of Health and Environmental Control
                       Bureau of Water Pollution Control
                       Attn: Rheta Geddings
                       2600 Bull Street
                       Columbia. SC 29201



                                                                                                                                                      A10


                                                                                                        Bureau of Water Pollution Control
                                                                                                                Division of Water Qualiry
                                                                                                                        2600 Bull Street
                   HE                                                                                              Columbia. SC 29201

                                                WATER QUALITY CERTIFICATION

          Applicant                                                       PINNumber:

                       Before the Department can act on your application for Water Quality Certification you must 1) 2ublish
                ngfio of the application in a newspaper and 2) subinit the required fee. Details of each of these requirements
                follow.


                1) PUBLIC NOTICE: Pursuant to R. 61-101, Water Quality Certification. a notice in the newspaper must
                contain information explaining the location. nature, and extent of the proposed activity. The notice must
                indicate a 15 day comment period and be published in a newspaper of local or general circulation in the county
                where the activity is proposed to take place for one day. You must provide SCDHEC with an affidavit of
                publication from the newspaper within fifteen days of publication. You must publish the following notice and
                submit an affidavit of publication before SCDHEC can continue processing your application.


                                                              PUBLIC N071CE
                                (A22licant has applied to the South Carolina Department of Health and
                                Environmental Control for a Water Quality Certification to (brief descdvtion
                                of work for (yubliclgrivate use in (name-and location of waterbody .
                                Comments will be received by South Carolina Department of Health and
                                Environmental Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Rheta
                                Geddings, Division of Water Quality, until (insen date - 15 days from date 2f
                                this notice .




                2) FEE: Pursuant to R. 61-30, Environmental Protection Fees. the Department is authorized to collect
                application fees for water quality certification. The following fee is now due to the Department of Health and
                Environmental Control:


                                'C (applicant's name)
                                Joint Public Notice Number ^C
                                Issue Date: -C
                                Total Due: $^C



                      The Department has 180 days to complete action on an application for 401 Water Quality Certification
                or the assessd fee must be returned. This 180 days includes only those days in which the application is actively
                F-ing reviewed by the Department; the clock stops when infomution is requested and the Department is waiting
                on a response. Accordingly, the 180 day clock will not start until we have received
                an affidavit of publication and the appropriate fee.

                ** If you have questions regarding this public notice requirement for Water Quality Certification, please contact
                Mark Giffin at 803-734-5302. Heather Lindsay at 803-734-5301 or Jeff Havel at 803-448-1902. 0*
        --------------------------------------------------------------------------------


                                .C
                                Joint Public Notice Number ^C
                                issue Date: ^C
                                Total Due: S^C


                        Please  return this page with your check (made payable to S. C. Department of Health and
                Environmental   Control) and your affidavit of publication to:


                                S. C. Department of Health and Environmental Control
                                Bureau of Water Pollution Control
                                Attn: Rheta Geddings
                                2600 Bull Street
                                Cnjum@,j.j sr o,ni



                                                                                                                                          All

           Lull   rolina                                                                     Bureau of Water Pollution Control
                                                                                                    Division of Water Quality
                                                                                                             2600 Bull Street
  D7              EC                                                                                    Columbia. SC 29201
  "n" of "mom MW ra a


  ATER QUALITY CERTIFICATION & CONSTRUCTION IN NAVIGABLE WATERS PERMIT

  )pficaxit:                                                   P/NNumber:

             Before the Department can act on your application for Water Quality Certification and Construction in
    Navigable Waters Permit you must 1) vublish notice of the application in a newspaper and 2) submit the
    required fee. Details of each of these requirements follow.

    1) PUBLIC NOTICE: Pursuant to R. 61-101, Water Quality Certification, and R. 19-450, Permits for
    Construction in Navigable Waters, a notice in the newspaper must contain information explaining the location.
    nature. and extent of the proposed activity. The notice must indicate a 15 day comment period and be published
    in a newspaper of local or general circulation in the county where the activity is proposed to take place for one
    day. You must provide SCDHEC with an affidavit of publication from the newspaper within fifteen days of
    publication. You must publish the following nodce and submit an affidavit of publication before SCDHEC
    can continue processing your application.



                                                   PUBLIC NOTICE
                    (Applicant has applied to the South Carolina Department of Health and
                    Environmental Control for a Water Quality Certification and a Construction in
                    Navigable Waters Permit to (brief description of work for (vublic/private use
                    in (name and location of waterbody . Comments will be received by South
                    Carolina Department of Health and Environmental Control at 2600 Bull St.,
                    Columbia, SC, 29201, ATTN: Rheta Geddings, Division of Water Quality,
                    until (insert date - 15 days from date of this notice).



    2) FEP.: Pursuant to R. 61-30, Environmental Protection Fees, and Chapter I of Title 49 of the 1976 Code
    of Laws, the Department is authorized to collect application fees for Water Quality Certifications and
    Construction in Navigable Waters Permits. The following fee is now due to the Department of Health and
    Environmental Control:


                    ^C (applicant's name)
                    Joint Public Notice Number ^C
                    Issue Date: ^C
                    Total Due: $^C



           The Department has 180 days to complete action on an application for 401 Water Quality Certification
    )r the assessd fee must be returned. This 180 days includes only those days in which the application is actively
    )eing reviewed by the Department, the clock stops when information is requested and the Department is waiting
    )n a response. Accordingly, the 180 day clock wiH not start until we have received
    in affidavit of publication and the appropriate fee.

    1* If you have questions regarding these requirements, please contact Mark Giffin at 803-734-5302, Heather
    ,indsay at 803-734-5301 or Jeff Havel at 803-448-1902. 0*
    -------------------------------------------------------------------------------
                    .C
                    Joint Public Notice Number ^C
                    Issue Date: ^C
                    Total Due: $^C


             Please return this page with your check (made payable to S. C. Department of Health and
    invironmental   Control) and your affidavit of publication to:
         So h Ca
         H




























































                    S. C. Department, of Health and Environmental Control
                    Bureau of Water Pollution Control
                    Affn: Rhem Geddings
                    2600 Bull Street
                    Columbia. SC 29201



                                                                                                                                                                 A12


                                                                                                                This Space for-Official Use Only.
                        Joint Federal and State Application Form
                 For Activities Affecting Waters of the United States-                                  Application
                                                                                                    Date Received:
                    or Critical Areas of the State of South Carolina                              Project Manager:

              Authorities: 33 USC 401, 33 USC 403, 33 USC 407, 33 USC 4oa, 33 USC 1341, 33 USC 1344, 33 USC 1413 and Section 48-39-10 et. seq of the South Carolina Code of
              Laws. These laws require permits for activities in, or affecting, navigable waters of the United States. the discharge of dredged or fill material into waters of the United States,
              and the transportation of dredged material for the purpose of dumping it into ocean waters. The Corps of Engineers and the State of South Carolina have established a joint
              application process for activities requiring both Federal and State review or approval. Under this joint process, you may use this form, together with the required drawings and
              supporting intromation. to apply for both the Federal and/or State permit(s).

              Drawings and Suppilemental Information Requirements: In addition to the information on this form, you must submit a set of drawings and, in some cases. additional
              information. A completed application form together with all required drawings and supplemental information is required before an application can be considered complete.
              See the attached instruction sheets for details regarding these requirements. You may attach additional Sheets if necessary to provide complete informabon.

              1. Applicant's Name.                                                            4. Agent's Name (an agent is not required).



              2. Applicant's Address.                                                         5. Agent's Address.






              3. Applicants Contact Number (include area code).                               6. Agents Contact Number (include area code).

                  Residence:                                                                      Residence:
                    Business:                                                                       Business:
                         FAX:                                                                            FAX:

              7. Project Title.                                                               9. Project Location.


                                                                                                  Street Address:

                                                                                                            County:
              8. Nearest Waterbody to project site (if known).                                             Latitude:

                                                                                                         Longitude:


              10. Directions to the Site (attach additional sheets if needed).









              11. Description of the Overall Project and of Each Activity In or Affecting U. S. Waters or State critical areas (attach additional sheets if needed).











              12. Overall Project Purpose and the Basic Purpose of Each Activity In or Affecting U. S. Waters (attach additional sheets if needed).









                                                                                                                                                            Revision May 1995



                                                                                                                                                                   A13


       13. Type and Quantity of Materials To Be Discharged.                      14 Type and Quantity of Impacts to U. S. Waters (including wetlands).

                      Dirt or Topsoil:                    cy                                           Filling:                    0 acres 0 sq. ft.                           cy
                         Clean Sand:                      cy                            BaCkfill & Bedding:                        E3 acres   0 sq. ft.                        cy
                                  Mud:                    cy                                   Landclearing:                       [3 acres   0 sq. ft.                        cy
                                  Clay:                   cy                      Dredging or Excavation:                          [3 acres   0 sq. ft.                        cy
            Gravel, Rock, or Stone:                       cy                                       Flooding:                       0 acres    0 sq. ft.                        cy
                             Concrete:                    cy                                       Draining:                       [3 acres   0 sq. ft.                        cy
                    Other (describe):                     CY                                       Shading:                        0 acres    0 sq. ft.                        cy
                               TOTAL:                     cy                                       TOTALS                          0 acres    C3 sq. ft.                       cy

       15. Names and Addresses of All Adjoining Property Owners (attach additional sheets if needed).








       16. Has any portion of the work already commenced? If yes, describe all work that has been done and the dates of the work.










       17. List all Certifications, Approvals, and Denials received from Federal, State, or Local Agencies for work described in this application.








       18. Authorization of Agent.
       I hereby authorize the agent whose name is given in block number 4 of this application to act in my behalf in the. processing of this application and to
       furnish supplemental information in support of this application.



                                                                                                         Applicant's Signature                                Date


       19. Certification.
       Application is hereby made for a permit or permits to authorize the work and uses of the work as described in this application. I certify that the
       information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
       acting as the duly authorized agent for the applicant.


                  Applicant's Signature                                 Date                               Agent's Signature                                  Date

       The application must be signed by the person who desires to undertake the proposed activity or ft may be signed by a duly authorized agent if the
       authorization statement in blocks 4 and 18 have been completed and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within
       the jurisdiction of any department of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a
       material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same
       to contain any false, ficticious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.

       Submit the completed application form with the required drawings and all supporting information as indicated below.

          Send all original application materials to:                      Send one complete copy to:                                Send one complete copy to:
                U. S. Army Corps of Engineers                    S. C. Dept of Health & Environmental Control              S. C. Dept. of Health & Environmental Control
           Charleston District, Regulatory Branch            Office of Ocean and Coastal Resource Management                   Office of Environmental Quality Control
             P- 0. Box 919. Attn: CESAC-CO-P                              4130 Faber Place, Suite 300                                        2600 Bull Street
              Charleston, South Carolina 29402                         Charleston, South Carolina 29405                            Columbia, South Carolina 29201
                         (803) 727-4330                                           (803) 744-5838                                             (803) 734-5300

                                                                                                                                                               Revision May 1995



                                                                                                                            A14


                              Application Drawings and Supplemental Information Requirements


              The below listed supporting information will normally be required before a permit application or notification
              will be considered complete. For explanation of these requirements contact the Corps of Engineers.

              1. A delineation of Waters of United States (including wetlands) for the project site must be provided. If a
              delineation has already been accomplished, please provide the identification number cited or a copy of the
              verification letter. In some cases, an approximation will be acceptable in lieu of a surveyed delineation.
              Contact the Corps of Engineers Regulatory Branch to determine what will be acceptable for your project.

              2. A brief narrative description of the project.

              3. A location map identifying the precise location of the work site must be provided on an 81/2by I I" size
              portion (or copy) of a USGS Quadrangle map. The name of the Quadrangle must be shown on the map. A
              county or local road map showing the project site must also be provided. All maps must have title blocks
              similar to the other drawing sheets.

              4. Plan view of the project on 8Y2by I I" size paper, clearly depicting all Waters of the United States (including
              wetlands), the areas proposed to be filled or modified, any mitigation areas, the property and/or lot boundaries,
              roadways, structure locations, location of high water and low water contours, and other relevant information.
              See the enclosed checklist for details on these drawing requirements.

              5. Cross sections views through each fill and alteration in Waters of the United States (including wetlands)
              showing both existing and proposed contours. See the enclosed checklist for details on drawing requirements.

              6. For other than single family lots a drainage and storm water management plan must be submitted directly to
              the SCDHEC. Contact the SCDHEC directly for drainage and storm water guidelines.

              7. Proof of publication in a local newspaper. Contact the SCDHEC for instructions on this requirement.

              S. For projects involving commercial or residential development an overall development plan must be
              provided. This plan must also be on BY2 by I V size paper and must identify all alterations in U. S. Waters.

              9. The projects latitude and longitude should be shown on the project plans.

              10. IMe information contained on all drawings and maps must be readable and reproducible using non-color
              copiers. Do not use color marking. All plans must include title blocks showing the applicarifs name, project
              name, project location, date of drawing, date of revision, and sheet number. Leave at least a YSinch margin on
              all sides of each sheet for reproduction and binding.

              11. For Nationwide Permit notifications, evidence is required that the prospective permittee has contacted:

              (a) Tle USFWS and the NhffS regarding the presence of any Federally listed (or proposed for listing)
              endangered or threatened species or critical habitat in the permit area that may be affected by ihe proposed
              project; and any available information provided by those agencies.

              (b) The SBPO regarding the presence of any historic properties in the permit area that may be affected by the
              proposed project; and the available information, if any, provided by that agency.





                                                            Revised May 10, 1995
                                                                 Page I of 2



                                                                                                               A15



                      Application Drawings and Supplemental Information Requirements


      12. If large scale development plans are available they must be provided to the agencies listed below.


      U. S. Army, Corps of Engineers                            S. C. Dept. of Archives and History
      Regulatory Branch                                         State Historic Preservation Office
      P. 0. Box 919                                             P. 0. Box 11669
      Charleston, South Carolina 29402-0919                     Columbia, South Carolina 29211


      United States Department of Interior                      S. C. Dept. of Natural Resources
      Fish and Wildlife Service                                 Office of Environmental Programs
      P. 0. Box 12559                                           P. 0. Box 12559
      Charleston, South Carolina 29412                          Charleston, South Carolina 29412



      National Marine Fisheries Service                         South Carolina Department of
      Habitat Conservation Division                              Health and Environmental Control
      P. 0. Box 12607                                           Office of Water Quality Certification
      Charleston, SC 29422                                      2600 Bull Street
                                                                Columbia, South Carolina 29201

      U. S. Environmental Protection Agency
      Region IV, Wetlands Regulatory Unit                       S. C. Dept. of Health and Environmental Control
      345 Courtland Street                                      Office of Ocean and Coastal Resource
      Atlanta, Georgia 30365                                    Management
                                                                4130 Faber Place, Suite 300
                                                                Charleston, South Carolina 29405




























                                                   Revised May 10, 1995
                                                       Page 2 of 2




                                                                                                   A16











                                M__



                                                Br ars
                   ;@N
                                   :05






                       B R
                         OWN S
                        ISLAND


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                                                           role 421311384p              S&AIJOIC
                     -VICINITY MAP                                   THOMAS & HUTTO N. ENGINEERING CO.
               1000    0    lCoo,  p Imm  30P                               SAVANNAH, GEORGIA
                         SCALE IN Freer
                                                              PROPOSED ACTIVITY: COMMUNITY DOCK, BOAT RAMP,
                                                                               AND CAUSEWAY

             DATUM: MEAN   SEA LEVEL                          At: BROWN'S ISLAND '
             ADJACENT PROPERTY OWNERS:                        COUNTY OF: BEAUFORT
                 1) STATE OF SOUTH CAROLINA                   STATE OF: SOUTH CAROLINA
                 2) MR. MCCLOUD                               APPLICATION BY: BROWNS ISLAND HOMEOWNERSASSM
                 3) BROWNS ISLAND HOMEOWNERS ASSOCIATION      DATE:    NO V, 1987          SHEET I OF 7




                                                                                                                                                                       A17






                                                                                                                                        ATTACHMENT 13



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                                                                                                                                              pftTON HEAP     ML


                                                                             LOCATION MAP


                                       DATE: 411 VU                                            PROPOSED ACTIVITY:                 PLACE FILL IN 049
                                                                                               ACRES OF WETLANDS
                                       SHEET: 2 OF 7                                           APPLICANT: GRAY HOLDINGS, L.P.
                                                  : M
                                       DATUM            SL                                     COUNTY: BEAUFORT
                                       SCALE: I"= 2 MI.
                                             MAP SOURCE: S.C. NGHWAY MAP I BEAUFORT COUNTY


















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                        SCALE:           1"         500'




                                   Welland Buffer [aienments                                                                                                               PROJECT TITLE

                                                                                                                                                                           SAMPLE
                                   Cr.-I.d Welland.                                                                                N1.
                       [LLILL                                                                                                                                              PROJECT LOCAT
                                                                                                                                                                            SOU110 ROAD AT
                                   Wetlands to bo (Illed                                         0                                                                                      c
                                                                                                  110                                                                             LATITUDE
                                   Excluded Wetlands                                                                                                                       APPLICANT
                                                                                                                                                         REVISION DATE            WETLA
                                   Welland$                                                                                                                                AGE    FOR APPLK
                                                    NOTE: See enclosed tabulation for                                                                                             NATUR
                                                    wetland boundary information.












                                      _24. D I. RAW WATER
                                        TRANSIASSION MAIN





                                                                     -------         RAW WAVER PUMPS

                                                          @@L 240,0


                                 0 WATER

                                                                                                                     AX.    E EL. - 230.0&
                                 PLANT

                                                         I EI, 228.3                                                FULL LAKE IEL. - 226.5


                                 CO"CRE TE                                                                          MIN. LAKE EL.   216.5
                                                                               36'0 HOPE RAW
                                                           EL 207.0            MTAKE LINES                                                                            LA

                                                                                                                                                       MER 1A
                                                                                                                                                       EL. - 200.0--
                                                           EL 202.0           INTAJif CONTROL
                                                                                                                                                                -KE-
                                                                   .0
                                                                              VALV1ES


                                                                                                           PRQEU


                                                               ^'V'k                                              36'0 MK RAW WATER
                                          4.0 J. AW WATER                                                        INTAKE tINES
                                        TRANSMISSION MAIN                                                                                                     EM INTAKE
                                                                                                                                                           T-SCREEN





                                     WATER


                                                                                                                                           RE WA TERE, E



                                  02  MGO,                          IAKE CONTROL
                                  RA, WAINER                      VALVES                                                                                     CITY
                                  PUMP STATION
                                        TRANSIUSSION MAN
                                                              240 tO






                                          4 0 RAW WA    TER
                                        4
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                                                                                                                                                  Potable
                                                                                                            ELAN

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                                                                                      Raw Water Pumping Station
                                                                                                          NOT 10 SCAIE




                                                                                         A2.0.






                                                                         ATTACHMENT 06





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                                                                 CogffLAL.B7
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                                                       or









                                          CRO31 SECTIONS

                        DATE: 4115M                 PROPOSED ACTIVITY: PLACE FILL IN 0.59
                                                    ACRES OF WETLANDS
                        FIGURE 5 OF 7               APPLICANT. GRAY HOLDINGS, LP.
                        DATUM:MSL                   COUNTY: BEAUFORT
                        SCALE: 10 a 10'150'
                           SOURCE: TOPO BY CONNOR & ASSOCIATE3, INC. (47194)




                                                                              A21






                                                                ATTACHMENT 97










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                       +     +





                                                                         Ar-





                                                                     fLop'SpoW C0.04 Ar-)






















                                   MITIGATION _PLAN

                 DATE: 4MSM                 PROPOSED ACTIVITY: PLACE FILL IN 0.59
                                            ACRES OF WETLANDS
                 FIGURE 4 OF 7              APPLICANT: GRAY HOLDINGS, L.P.
                 DATUM: MSL                 COUNTY: BEAUFORT
                 SCALE: I' SW
                  SOURCE: BALLANTINE ENVIRONMENTAL RESOURCES (4115194)



                                                                                      A22








                                                                       ATTACHMENT 08





                          Cv@ szecr up
                          Cj7-vA-rmv                     +



                                                                                   00.)
                           @ lW-irrALL.1 jo,"'               -4 ^L4.o-.%e rsom


                                        E4&79*-F .r -25@




                                  4L




                                          c
                                           ChZe.&JVt7








                          Son- -Tc) 056- 1.-*) ym V1 sAL*r=mA' V4L..Lw/cwwc*
                                         CZ:j@@











                                   DES12N FOR CREATED WETLAND

                        DATE: 411 SM               PROPOSED ACTIVrT`Y.* PLACE FILL IN 0.59
                                                   ACRES OF WETLANDS
                        FIGURE T OF 7              APPLICANT: GRAY HOLDINGS, L.P.
                        DATUM: MSL                 COUNTY: BEAUFORT
                        SCALE: VARIES PER DRAWING
                         SOURCE: BALLANTINE ENVIRONMENTAL RESOURCES (41151941




                                                                                                             A23






















                                                                                 Varw - sw %am ur vdw
                     a, tv da
                     lw "All      1. 4A                                vft

                      nor                       sum
                                                                       US       IM            ics



                               samm J              utmu                                                         we &&we&
                                            dopma zlw@                                                           0-1
                                         r cwmpdw mbm*@ camite awdo, swim camm am i-J             L    bli'LATZ"mmo
                                                   r Q01MMM MU*MA CWWdg DM    i
                                                            Ir cw"s" wom bow sm "m             440 AWAY, ftamw T" Cam - -carm

                                                                                             140 be/&t aw"wis Flow Cad fth@ ranes


                                                       TYPICAL PAVED ROAD AND
                                                       RAILROAD CROSS-SECTION
                                                                  KT.L


                                                    ROAD AND RAIL CROSSING RC-A










                                                           UMfTS OF WETLANDS










                                                                             FILL




                                                      TYPICAL CROSS-SECTION OF
                                                        WETLAND TO BE FILLED
                                                                 K.T.L



                                                   NOTE: SEE SHEET 8 FOR WETLANDS
                                                         TO BE FILLED




                                                                                       PROPOSED ACTIVITY:
                             TYPICAL      CROSS-SECTIONS                                 WETLAND FILL FOR ACCESS
                                                                                         AND INDUSTRIAL DEVELOPMENT


                                                                                       COUNTY:
                                                   DATUM: MEAN SEA LEVEL                 BERKLEY. SOUTH CAROLINA
                                                                                                     @1-4

















              SCALE: NOT TO SCALE                  DATE: MAY 12. 1995
                                                                                       APPLICANT:
              SHEET: 57 OF 63                      REV.: 1. 05-24-95                     NUCOR STEEL



                                                                                         A24







                                                                           ATTACHMENT
















                    AL    as


                         A.





                ads     .06.














                                                      AL















                          . . . ............................. ........................
                                                    ................

                                                                  ---------------







                                        WETLANQ LOCATION MAP

                         DATE: Af I Zf"               PROPOSED ACTIVITY: PLACE FILL IN OJ9
                                                      ACRES OF WETLANDS
                         SHEET: 3 OFT                 APPLICANT: CRAY HOLDINGS, L.P.
                         DATUM: USL                   COUNTY: BEAUFORT
                         SCALE: low 61r
                           MAP SOURCE: BALLANTINE ENVIRONMENTAL RESOURCES
                                COE LETrER OF DETERMINATION ATTACHED



                                                                                               A25








                                               LAND OF McLEO0










                        EXISTING  C A U 9EWZf 7-@



                                                                                     gr

              ==--MARSHES OF _WtLA_j_E=_D





                                                        PROPOSED COMMUNITY
                                                        DOCK & BOAT RAMP

                                                 BROWN'S ISLAND





                                                 Z -7-M











             LOCATION MAP                                            THOMAS a HUTTON   ENGINEERING CO.
                                                                            SAVANNAH, GEORGIA


                                                              PROPOSED ACTIVITY: COMMUNITY DOCK, BOAT RAMP,
             PURPOSE: IMPROVE ACCESS TO BROWN'S ISLAND                          AND CAUSEWAY
             DATUM: MEAN SEA LEVEL                            AT: BROWN'S ISLAND
             ADJACENT PROPERTY OWNERS:                        COUNTY OF: BEAUFORT
                1) STATE OF SOUTH CAROLINA                    STATE OF: SOUTH CAROLINA
                                                              APPLICATION BY- BROWNS ISLAND HOMEOWNERS ASSOC.
                2) MR McCLOUD
      t         3) BROWNS ISLAND HOMEOWNERS ASSOCIATION       DATE:    NOV., 1987           SHEET 2 0 IF 7



                                                                                                                     A26






                                                                (DATE)




                 U. S. Army Corps of Engineers
                 Post Office Box 919
                 Charleston, South Carolina 29402-0919



                 Gentlemen:


                         This is to certify that the work subject to the jurisdiction of the U. S. Army Corps of
                 Engineers, as described in my application dated                     is, to the best of my knowledge,
                 consistent with the South Carolina Coastal Zone Management Program.

                         Since my project is located in the Coastal Zone of South Carolina, I understand that the
                 Corps of Engineers must provide this statement to the South Carolina Department of Health and
                 Environmental Control, Office of Ocean and Coastal Resource Management for its review and that
                 a Department of the Army permit will not be issued until the Office of Ocean and Coastal Resource
                 Management concurs with my findings. I also understand that additional information concerning
                 my project may be required by the Office of Ocean and Coastal Resource Management to facilitate
                 its review of my project and that additional certifications may be required for other Federal or State
                 authorizations.





                                                                            (PRINTNAME)



                                                                            (SIGNATURE)



                                                                          (STREET ADDRESS)



                                                                           (CITY & STATE)




                                                                                                                      A27




            STATE OF SOUTH CAROLINA                                                    DECLARATION OF
                                                                                 RESTRICTIVE COVENANTS
            COUNTY OF                                                          FOR WETLANDS PRESERVATION



                    THIS DECLARATION OF RESTRICTIVE COVENANTS is made this _ day of
                          19_, by                                                                   ("Declarant(s)").



                                                           RECITALS


                    WHEREAS, DeclarantfsJis/a the ownerLcdof certain real property ["realproperty'
            includes wetlands, lands underlying other waters of the U.S., uplands, associated nparianAittoral rights]
            located in _ County, South Carolina, more particularly described [describe tract to
            be preserved, including: 1) acreage, 2) either a reference to recorded platts), or attach an approved permit
            drawing orsite plan - see paragraph 10, and 3) any excluded propertyi ("Property"); and

                    WHEREAS, in consideration of the issuance of Department of the Army Permit
            No.                  ("Permit") to DeclarantL$J by the U.S. Army Corps of Engineers,
            Charleston District ("Corps"), and consistency certification by the S.C. Departmen
            of Health and Environmental Controt Office of Coastal and Resource Manai7emen
            MCRMI and for the protection or enhancement of the Property's wetlands, scenic,
            conservation, resource, environmental, or other values, and for other good and
            valuable consideration, the sufficiency of which is hereby acknowledged, C@eclarantLFJ
            has1hav agreed to place certain restrictive covenants on the Property, in order that
            the Property shall remain substantially in its natural condition forever, as provided
            herein.


                    NOW THEREFORE, DeclarantL$J hereby declareLQ that the Property shall be
            held, transferred, conveyed, leased, occupied or otherwise disposed of and used
            subject to the following restrictive covenants, which shall run with the land.

                    1. DeclarantL$J and his1herlits1their theirs. successors and assigns forever,
            islare and shall be prohibited from the following: filling, draining, flooding, dredging,
            impounding, clearing, cultivating, excavating, constructing or erecting in, or otherwise
            altering or improving the Property; burning, systematically removing, cutting, or
            otherwise destroying vegetation on the Property in other than an incidental fashion;
            spraying with biocides; introducing exotic species into the Property; otherwise altering
            the natural state of the Property; and from changing the grade or elevation, impairing
            the flow or circulation of waters, reducing the reach of waters, and any other
            discharge or activity requiring a permit under federal or state clean water and water
            pollution control laws and regulations, as amended.

                    2. The following are excepted from paragraph 1: [reference may be made to a
            mitigation plan approvedby the Permit, provided all exceptions (including those relating to bufferareas) are
            specifically spelled out in the plan; OR, any exceptions may be specifically listed in this paragraph].



                                                                                                           A28




                       3. Any request for modification of the Permit, or any other permit application
                or request for certification or modification which may affect the Property made to any
                governmental entity with authority over wetlands or other waters of the United
                States, shall expressly reference and include a copy of these restrictive covenants.

                       4. It is expressly understood and agreed that these restrictive covenants do not
                grant or convey to members of the general public any rights of ownership, entry or
                use of the Property. These restrictive covenants are created solely for the protection
                of the Property, wetlands, and associated values, and Declarantw reservew the
                ownership of the fee simple estate and all rights appertaining thereto, including
                without limitation the rights to exclude others and to use the property for all purposes
                not inconsistent with these restrictive covenants.


                       5. The Corps, OCRM (and any successor agencies) and its1th               authorized
                agents shall have the right to enter and go upon the lands of the - DeclarantLIL
                hislherlftsltheir theirs.) successors and assigns, to inspect the Property and take
                actions necessary to verify compliance with these restrictive covenants.

                       6. These restrictive covenants shall be binding upon the DeclarantLIL
                his1herl7ts1their theirs.) successors and assigns, and the restrictions herein shall be
                legally binding upon all subsequent owners, lessees, or other occupiers or users.

                       7. The DeclarantW grantW to the Corps, the U.S. Department of Justice,
                OCRM or any other governmental entity with jurisdiction over wetlands on the
                Property, a discretionary right to enforce these restrictive covenants or terms hereof
                in an action at law or in equity against any personW or other entitylentities violating
                or attempting to violate this Declaration of Restrictive Covenants; provided, however,
                that no violation of these restrictive covenants or terms hereof shall result in a
                forfeiture or reversion of title. In any enforcement action, an enforcing agency shall
                be entitled to a complete restoration for any violation, as well as any other remedy
                under law or in equity. An enforcing agency shall also be entitled to an award of
                costs and attorneys fees in any enforcement action in which it obtains relief. Nothing
                herein shall limit the right of the Corps to modify, suspend, or revoke the Permit.

                       8. Declarantfs], his1herl7ts1their theirs), successors and assigns shall include the
                following warning on all deeds, mortgages, plats, or any other legal instruments used
                to convey any interest in the Property:

                             WARNING: This Property Subject to Declaration of
                             Restrictive Covenants for Wetlands Preservation Recorded
                             at [insert book and page numbers (ff Property fles in more than one
                             county, of same countyfies) as instrument1s)) of Declaration] -

                       9. The perimeter of the Property shall at all times be plainly marked by
                permanent signs saying, "Protected Natural Area,w or by an equivalent, permanent
                marking system.



                                                                                                      A29




           [Paragraph 10 - generally, a surveyed, recorded plat is required; however, at the discretion of the Corps
           and OCRM, an approved permit drawing or site plan attached to these restrictive covenants may suffice]
                  10. A plat depicting the Property, entitled "Property Subject to Declaration of
           Restrictive Covenants for Wetlands Preservation," shall be recorded in the RMC office
           for each of the counties in which the Property is situated prior to the recording of
           these restrictive covenants. The plat(s) islare recorded at [include book andpage references,
           countyMesJ, and date of recording].

                  11. Should any separable part of these restrictive covenants be determined to
           be contrary to law, the remainder shall continue in full force and effect.

                  12. DeclarantLV may in the future request a modification of the Permit to
           substitute or trade property which is not encumbered by conservation easements or
           covenants, for, and in place of, the Property and restrictive 6ovenants herein, provided
           such substitute or traded property is of greater values (wetlands, scenic, conservation,
           resource, environmental) than the Property herein, is placed under equivalent or more
           restrictive easements or covenants, and is otherwise consistent with mitigation law
           and policy, yvhich discretionary determinations shall be made by the Corps and OCR
           (or their successors), in consultation with resource agencies as appropriate.


                  IN WITNESS WHEREOF, the Declarantfs) ha&1h&v& duly executed this
           Declaration of Restrictive Covenants the date first above written.



           IN THE PRESENCE OF:                          DeclarantLV



                                                     By:























                                              (&VOLLAPPAM95)




                                                                                                    A30





               STATE OF SOUTH CAROLINA
                                                                    PROBATE
               COUNTY OF




                      PERSONALLY appeared before me                    the undersigned witness, and
               made oath that he/she saw the within named
               [by                      its           ] sign, seal and as his/her/its     act and deed,
               deliver the within named Declaration of Restrictive Covenants for Wetlands Protection;
               and that he/she with the other witness named above witnessed the execution thereof.






                                                             [signature of witness]


               SWORN to and subscribed before me
               this _ day of			19   .




               NOTARY PUBLIC FOR SOUTH CAROLINA

               My Commission Expires:























                                                (SAMPLE-4pp.June85)
 
















              APPENDIX B








                                               DEPARTWMWT OF THE ARMY
                                     CHARLESTON DISTRICT, CORPS OF ENGINEERS
                                                        P. 6 BOX 919
                                               CHARLESTON, SC 29402-0919


         RB-SOP-93-01
         Regulatory Branch - Standard Operating Procedure                                            5 January 1993

                                          Nationwide Permits - Policies & Procedures


         Table of Contents

            1. Purpose.
           .2-  References.
            3.  Notification Requirements.
            4.  Regional Conditions.
            S.  The Decision Period.
            6.  Review of Notifications.
            I   Decision Options and Thresholds.
            8.  Mitigation.
            9.  Delineations.
           10.  Restoration Plans.
           11.  Relevant Issues.
           12.  Glossary.
           13.  Signature Authority.
           14.  Authorizing Sig=tur,--

         I. Purpose. 7lie purpose of this SOP is to provide written guidance regarding the policies, interpretations, and
         procedures used by regulatory personnel in the processing of requests for verification or authorization under the
         Nationwide Permits (NWPs) found in 33 CFR Part 330 (effective 21 Jart 1992). It is the intent of this SOP to
         provide regulatory personnel, resource agencies, and the public with a ftamework that will provide predictability
         and consistency in the NWP procem

         A key element of this SOP is the establishment of allowable impact thresholds with the goal that these will be
         used as project design criteria. Appropriate application of these criteria should minimize uncertainty in the NWP
         approval process and allow expeditious review of applications. However, nothing in this SOP shall be
         interpreted as a promise or guarantee that a project which satisfies the criteria or guidelines given herein will not
         be subject to the exertion of discretionary authority to revoke or suspend a NWP authorization. The Corps has a
         responsibility to consider each project 6n a case by case basis and may determine in any specific situation that
         authorization under a NWP should be modified, suspende4 or revoked.

         2. References. Ile following publications were used as background material in the development of this SOP.
         Any person using this SOP should make themselves aware of the pertinent aspects and requirements given in the
         referenced publications.

         33 CFR Part 330.
         40 CFR Part 230.
         40 CFR Part 1508.
         49 CFR Part 771.117.
         CESAC Public Notice titled Nationwide Permits, dated 4 January 1992.
         CESAC-CO-P SOP titled Terminology and Definitions, dated 9 December 199 1.
         ne IniandImpoundment Folicy of the SCWMRD-



                                                           Pap I of 10






              3. Notification Requirements. 7be ch= shown as ArtachmenrA summarizes the N"vV?s requiring notification
              and the procedures and forms that apply in each case. Before doing any work requiring authorization under a
              NWP for which notification is required, the prospective permittee must submit written notification to the DE in
              accordance with the procedures stated in this SOP. PrOjects which qualify under one or more N%?s, and which
              do not require notification, other authorizations, or other permits may proceed without notification as long as the
              project is conducted in complete accordance with the terms and conditions of the NTNW(s).

              3.1. General All notifications must be in writ g and must be clear, readable, and reproducible using standard,
              non-color, office copy machines. All necessary signatures must be originals. Copied or fazed signatures will not
              be accepted. Instead of the designated forms attached to this SOP, the prospective permittee may provide
              notifications using the standard Individual Permit application form ENG 4345 provided that the application
              clearly states that it is for NWP notification and thatall the required information is included with the notification.

              32 Processing Procedures. Upon receipt of a notification the Corps will review the notification and determine
              which of the, following procedures apply.

              31.1. Incomplete Notifications. For notifications with incomplete information, the applicant will be in=cted
              what additional information wfll be required to make the notification complete.

              3.=. No Distribution. For requests for verification involving NW?s 1, 2, 3, 4, 6, 8, 9, 10, 15, 20, 24, 25, or 36
              no public notice or other distribution is required.

              31-3. Standard Procedures. For notifications involving NWPs 5, 12, 13, 14, 16, 17, 21, 22, 26, 34, 3 7, and 3 8
              the notification and distribution procedwes are given in Attachment D of this SOP.

              3.3 SpeciaiCases. Requirements for NWPs 7, 11, 18, 19,23, 27,28,32, 33, 35, and 40 have certain exceptions
              or clarifications to the procedures stated in Attachment D. The exceptions and clarifications are as stated below.

              3.3.1 Nationwide Permit 7. Webster defineithe word re1ated to men that a logical or caus, I connection has
              been shown or established. 71herefore, the term rdated to construction ofou&m structures is interpreted to mean
              that such a connection bas been established between some aspect of the overall project and the conmction of the
              outfall structure. For example, if the project requires construction of roads, pump stations, bulkheads, fences,
              etc., which are logically or causally connected to the construction of the outfall structure itself, then such work is
              also a candidate for authorization under NWP 7. However, the Corps must review the proposed work under the
              notification process to verify that the individual and cumulative adverse effects will be minimal that the activity
              is not contrary to the public interest, and that the activity complies with the te= and conditions of the
              nationwide permiL When considering whether or not the net adverse effects have been minimized and whether
              outfall relwifions am in the public interesk the Corps wiU genecallygive substantial deference to the outfall
              relocations as proposed if such relocations an being conducted at the request or direction of the SCDBEC.

              3.3.2 Nationwide Permit 11. For activities in Corps' reservoirs requiring notification under NWP 11, the
              prospective permittee must obtain the approval of the reservoir manager. The prospective permittee need not
              contact the DE provided the project complies with the terms and conditions of the NWP.

              3.3.3 Nationwide Permits IS and 33. Notification procedures for NWPs IS and 33 are as stated in Attachment D
              with the following exceptions. For activities in all am of South Carolina except the non-critical area of the
              coastal zone, the notification should use Form 2 and the Project Manager should follow Procedure 2-(a public
              notice is not required).

              3.3.4 Nationwide Permit 23. Notification proctdures for N"X? 23 am as stated in Attachment,I) with the
              following exceptions.



                                                                  MSOP-93-01
                                                                   hr2atIO






           a. For activities outside the non-critical areas of the coastal zone a public notice is not required.
           b. In addition to those activities specified in Attachment D, certain NV;P 23 activities which fall under the
        Federal Highway Administration (FI-TWA) categorical exclusions require notification. As stated in RGL 87-10,
        those FHWA activities which require notification are the activities occurring under paragraphs (c)(3), (c)(7),
        (c)(9), (c)(12) and all (d) paragraphs of 49 CFR Pan 771.117 (published 27 Nov 1987). An ext:racted listing of
        these paragraphs is provided as Attachment E. The FHWA or local transportation agency to be funded by the
        FHWA should contact the Corps to review the project proposal to ensure that the proposed activities would have
        only minimal adverse individual and cumulative impacts on the aquatic environment.

        3.3.5 Nationwide Permits 19, 27,28, 32, 35, and 40. Notification procedures for these NTWPs are as stated in
        Attachment D with the exception that for activities located outside of the non-critical area of the coastal zone
        (which includes all counties outside of the coastal zone) no notification is required.

        4. Regional Conditions. An ext:ract of the Conditionsfor Nationwide Permits given in 33 CTR Part 330,
        Appendix A, is provided as Atzachment B to this SOP. Regional Conditions for Nationwide Permits 12, 13, 14,
        24, 36, and 38 have been issued for South Carolina. A copy of the regional conditions is provided as Attachment
        C. For emphasis, the regional conditions are also listed below. 7be regional conditions apply only to the specific
        activities indicated and must be complied with in order for authorization by the indicated NWP to be valid.

        4. 1. Nationwide Permit #1Z That the nationwide permit authorizes only a single crossing of a waterbody and/or
        wetland and such crossing cannot run parallel with the wetland system. The permittee must take appropriate
        erosion control measures to prevent siltation of the adjacent wetlandL

        4.2. Nationwide Permit #13. That the permittee must provide the District Engineer, Charleston District with
        notification in -cc rdance with 33 CFR 330.1(e), before commencing work on any bank stabilization activity in
        South Carolina that would be located a4jacent to an authorized Federal Navigation project. 7bese Federal
        navigation am include Adarn Creek, Savannah River, Jeremy and Town Creek at McClellanville, Village
        Creek at Beaufort, the Charleston Harbor Navigation Project (to include the federal navigation channels in
        Shipyard River, Wando River, Town Creek, and channels at the Naval Weapons Swion). Georgetown Harbor,
        Little River Inlet, Murrells: Wet, Main Creek at Murrells Wet, Port Royal Harbor, Waccamaw River, and the
        Atlantic Intracoastal Waterway (AIWW).

        4-3. Nationwide Pv7n!t #14. That the use of this permit is prohibited in waters that the S. C. Department of
        Health and Environmental Control has classified as Outstanding Resourte Waters (ORW). Additionally, the use
        of this permit is limited to one =ssing per project provided no other permits (nationwide or otherwise) are
        required to develop the project site, unless waived by the S. C. Coastal Council. The permittee must take
        appropriate erosion control measures to prevent siltation of the adjacent wetlands.
                 1
        4.4. Nationwide Permit #24. That the state administered 404 program must be consistent with the Coastal Zone
        Management Progmm.

        4.5. Nationwide Permit #36. That, in addition to the restrictions currently imposed by the nationwide permit. the
        following restrictions we added-

           a. That the boat ramp width cannot exceed 10 feeL
           b. That only one boat ramp is constructed on a single family residential lot.
           Q That its use is limited to private, non-commercial activities.

        4.6. Nationwide Permit #3& That owe the activity authorized by this nationwide permit is complete, any,
        special aquatic sites, including wetlands, that were impacted by the activity must be restored to pre project
        conditions or a mitigation proposal must be submitted that adequately compensates the impacts to the wetlands.


                                                          RB-WP-93-01
                                                           hr 3 of 10







              A restoration or mitigation plan and time table must be submitted to the District Engineer. The District Engineer
              or his designee will conduct a site inspection after the restoration/mitigation has been completed to insure
              compliance.
              5. The Decision Period. After forwarding a notification, an applicant may presume that his project qualifies for
              the NWP unless he is otherwise notified by the Corps within a 30 day period. If the Corps notifies the applicant
              that the notification is incomplete, a new 30 day period will commence upon receipt of the revised notification.
              Ile prospective permittee may not proceed with the proposed activity before expiration of the 30 day period
              unless otherwise notified by the DE. If the Corps fails to act within the 30 day period, the DE must use the
              procedures of 33 CFR 330.5 in order to modify, suspend, or revoke the NWP authorization. The 30 day period
              will be as follows:

                a. For notifications which do not require issuance of a Public Notice, the 30 day period starts on the date of
              receipt-of the notification in the Corps' district office and ends 30 calendar days later regardless of weekends or
              holidays.

               b. For notifications which require issuance of a Public Notice, the 30 day period starts on the date of receipt
              of the notification in the Corps' district office and ends 30 calendar days later regardless of weekends or holidays.

               c. If a wetland delineation is required. the 30-day period will not start until the wetland delineation has been
              completed.

              6. Review of Notifications. The terms and conditions of certain NWPs require the Corps to review the proposed
              activity before the NWP authorizes its construction. However, the Corps has the authority to review any activity
              authorized by NWP to determine whether the activity complies with the NWP. The Corps will review all
              notifications and determine if the individual and cumulative adverse evironmental effects are more than
              minima1.

              6.1. Consideration of State and Local Permitting Authoriities. The Corps will deny without prejudice any
              activity which has been denied any necessary State or local authorizations.

              6.2. Consideration of Comments. The Corps will consider any comments received concerning the proposed
              activity's compliance with the terms and conditions of a nationwide permit and the need for mitigation to reduce
              the project's adverse environmental effects to the minimal level. The Corps will My consider agency comments
              received withiqn the specified time frame, but will provide no response to the resource agency. The Corps will
              indicate in the administrative record associated with each notification that the resource agencies' concerns were
              considered.

              6.3. Consideration of Discretionary Authority. As stated in 33 CFR 330.1(d) and 330.4(e), DEs have been
              delegated a discretionary authority to suspend, modify, or revoke individual authorizations under an NWP. This
              authority may be used to condition or restrict the applicability of an NWP for cases where the Corps has concerns
              for the aquatic environment under the Clean Water Act Section 404(b)(1) Guidelines or for any factor of the
              public interest.  When deciding whether to exercise discretionary authority to modify, suspend, or revoke a case
              specific activity's authorization under an NWP, the Corps shall follow the procedures and guidelines given in 33
              CFR Part 330.5.

              7. Decision Options and Thresholds. The decision options following the notification review are as follows.

              7. 1. Authorize Without Modification. If the Corps determines that the activity meets the terms and conditions of
              the NWP and that the individual and cumulative adverse impacts are minimal and that no additional conditions
              are necessary, then the Corps will notify the permittee that he may proceed in accordance with the provisions of
              the NWP.


                                                                 RB-SOP-92-01
                                                                 Page 4 of 10
 







         7.1 Modj& the NWPAuthorization. The Corps may add activity specific =nditions to ensure that the activity
         complies with the terms and conditions of the NWP and that the adverse impacts.on the aquatic environment and
         other aspects of the public interest are individually add cumulatively minimal.
         7-3. Require Afaigation. If the Corps determines that the adverse effects are more than minimal, the Corps may
         notify the prospective permittee that he may propose measures to mitigate the loss of special aquatic site@,
         including wetlands, to reduce the adverse impacts to minimal. 7be prospective permittee 103y elect to propose
         mitigation with the original notification. 7be Corps will consider any proposed mitigation when deciding if the
         impacts are minimal. Ile Corps shall add activity specific conditions to ensure that the mitigation will be
         accomplished. If sufficient mitigation cannot be developed to reduce the adverse environmental effects to the
         rognimsd level, the Corps will not allow authorizadon under the NWP and will instruct the prospective permittee
         on procedures to seek authorization under an Individual Permit.

         7-3. 1. Thresholds. As a general rule, personnel in the Charleston District Regulatory Branch will routinely
         conclude that notifications involving total adverse ecological effects of more than one acre will cause more than
          inim2l adverse effects and therefore cannot be authorized under NWP unless sufficient compensatory mitigation
         is submitted to reduce the adverse effects to the minim-11 level. Notifications involving impacts of less than one
         acre will be reviewed on an individual basis to determine whether or not the impacts are at the minimal level.
         Notwithstariding the above, not all activities affecting more than one acre will cause more than a minimal adverse
         effect. Therefore, each proposed activity must be evaluated on a case-by-case basis. Additionally, there may be
         cases where the required mitigation will be in kieping with the guielanc given in 33 CFR Part 330, Appendix A.

         7.32. State Approved Plan. In determining if a proposed compensatory mitigation plan which has been
         approved by the State permitting agency is sufficient to reduce the adverse ecological effects to the minimal
         level, the Corps will use the following guidelines.

           a. If there were no written concerns or objections received from any resource agency, then the Corps will
         usually consider the mitigation to be sufficient

          b. If written concerns or objections were received from any resource agettcy in response to the Public Notice,
         then the Calps will coW= that age= to determine if the mitigidon 111an resolves the agenc3@s concerns,

              (1) If the agency stat that the concerns have been satisfied, then the Corps wiH usually consider the
         mitigation to be sufficivuL

              -(2) If the agency states that the concerns have uot been satisfied then the Corps will conduct an evaluation
         of the mitigation plan using the criteria given in the SOP on Compensatory Mitigation for Nationwide Permits
         and Small Projects. Following this evaluation the Corps will decide whether or not the concerns of the resource
         agency have sufficient merit to modify, condition, or deny the proposed mitigation pLaL If the Corps determines
         that the agemys concerns do not have sufficient merit then the Corps may accept the mitigation plam The Corps
         will document the evaluation and haors considered in making this det;ermination in the record.

         7.3.3. State Approval not Required. In determining if a proposed compensatory mitigation plart for which state
         approval has been waived or is not required is sufficient to reduce the adverse ecological effects to the minimill
         level, the Corps will use the criteria given in the SOP on Compensatory Mitigation for Nationwide Permits and
         Small Projects.
         7.4. Require an Individual Permit App&a:io?L If the adverse effects are more than minimal and if sufficient
         mitigation cannot be developed to reduce the adverse environmental effects to the minirnsil level, the Corps will
         not allow authorization under the NWP and will instruct the prospective permittee on procedures to seek
         authorization under an Individual Permit




                                                           RX-sop-93-01
                                                            PW 5 of 10






              7.4. L Thresholds. 'Me following categories of activities are hereby defined,' as ones that will routinely be
              considered to cause more than minimal adverse ecological effects and ones which cannot be reduced to a minimal
              level through mitigation. Therefore, notifications involving these categories of activities will have a greater
              likelihood than normal of being subject to the exertion of discretionary authority to require an Individual Permit.
              However, the Corps must consider each notification on a case specific basis and these restrictions are intended to
              be used only as guidelines.

                 a. Projects with total adverse ecological effects which exceed 5 acres or 10% of the total project area,
              whichever k gMter. Total project area shall be calculated consistent with the subdivision policy in Article 11.2.

                b. Projects which affect Waters of the United Stan of the types listed below, regardless of the acreag
              thresholds Pi              iph 7.4. 1.
                  (1)'Carolina Bays which have been identified through surveys by the SCWMRD, Heritage Trust, or the
              Nature Conservancy as priority areas.

                  (2) Palustrine habitats (swamps and marshes) which are flooded for sufficient frequency and duration to
              warrant a National Wetland Inventory water regime modifier of C (seasonally flooded) or wetter (e.g., PFO I C,
              PEMI C. PSS I C, etc.). and whose vegetative community is dominated by cypress or swamp tupelo.

                  (3) Trout streams and their adjacent wetlands.

                  (4) Streartis and swamps dominated by Atlanti white cpdar.

                  (5) Longleaf pine savannahs.

                c. Projects which are contrary to the InZod ImpowmEwN Policy of the SC"WU[RD, regardless of the acreage
              threshaltUg a*            asih7-4-1- Inpanicular, the following activities are considered to be contraryto the
              SCWMRD policy.

                  (1) Impoundments on perennial sucatris where there is no downstream impoundment between the project site
              and the nearest State or Federal navigable waterbody.

                  (2) Impoundments on perennial or intermittent streams when the projeces adverse effects are 3 acres or more.

                  (3) Impoundments adjacent to, but not blodft a stream (perennial or intermittent) where the projecVs
              adverse effeas are 3 acres or mom

              L Compensatory Mdgation PIRUL As previously stated, authorizations for projects which have more than,
              minirm adverse effects will require mitigation. The mitigation must be sufficient to reduce the adverse effects to
              the minim2 level. When a compensatory mitigation plan for adverse ecological effects is required for a praject@
              the plan will normally be considered acceptable if it meets the criteria stated in the SOP on Compensatory
              Mitigation for Nationwide Permits.

              9. DellneatiouL For some NWPs, the nodfication must include a complete delineation of special aquatic sites.
              Delineations must be in accordance with the current method required by the Corps. The applicant may ask the
              Corps to delineate the aquatic sites. There may be some delay if the Corps does the delineation. Fuithermore,
              the 30-day period will not start until the wetland delineation has been completed. Charleston District has defined
              a completed deJinwfion to mean a delineation that has been verified by the Corps. For small projects with
              Minignal or near ruinhn2l impact to special aquatic sites, the PM has the discretion to accept an approximate
              delineation as the verified delineation. Applicants are responsible for providing information with their submittal
              that evidences that a delineation has been conducted and the delineation has been verified by-the Corps.


                                                                  RD-301P-9341
                                                                   PW 6 of 10






      10. Restoration Plans. When restoration plans are required (e.g., NWPs 33 or 38) they must generally conform
      with the guidelines, drawing requirements, etc., given for mitigation plans in the Charleston District SOP on
      Compensatory Mitigation for Nationwide Permits.
      11. Relevant Issues. Ibe following topics, which are discussed in 33 CFR Parts 320-330 and elsewhere, are
      considered particularly noteworthy and are thus presented here for emphasis.

      11.1. Piecemealing. The following discussion regarding piecemealing supersedes the Regulatory Branch SOP
      on Piecemealing dated February 16, 1990. In its most elementary form, piecemealing involves the bit-by-bit
      alteration of a given area by a series of minor authorizations rather than by comprehensive master planning. As
      pointed out at 33 CFR 320.4(b)(3), while a particular alteration may constitute a minor change, the cumulative
      effect of a number of changes can result in a major impairment of the resource. In order to discourage
      piece'mealing the following policy will be used for all NWP authorizations. Once a project avails itself of a NWP
      authorization, additional NWP authorizations for work which is not clearly shown on the orig.nal permit plans
      will be viewed unhavorably. This position will stand unless a convincing argument can be presented that the
      additional work is totally unrelated to that which is already permitted and that it was unforeseeable at the time of
      the prior authorization. It is recognized that there may be art occasiong unumal case where the application of
      this policy may be unreasonable. In those instances, coordination with the reso.to obtain their vievis
      will be reQuired before pr=aring a letter for the Branch Cbiefttignature. Letters authorizing additional NWPs
      for a project or subdivision will not be signed by Project Managers.

      11.2 Ae-al Estate Subdivision& 7be policy stated in Article 11. 1 of this SOP also applies to any real estate
      subdivision created or subdivided after October 5, 1994. 7bis means that if a developer obtains one or more
      NWPs for the original subdivision development, then additional NWP applications from future lot owners,
      builders, etc., should be viewed unfavorably and discretionary authority should routinely be exerted to require an
      Individual Permit. As stated above, it is recognized that there may be an occasional unusual case where the
      application of this policy may be unreasonable. Department of the Army regulations allow the DE some
      discretion in this area but require that his fin#gs be in writing.

      Subdivisions or parcels for which a written exemption determination has been reached in accordance with the
      procedures specified in 33 CFR 330, Appendix A(B)(26) will not be subject to the restrictions given in Article
      11.2 of this SOP. However, each single and complete project within the subdivision is subject to the restrictions
      given in Article 11. 1. This means that even if an exemption is granted for the subdivision, an individual owner
      or developer may not piecemeal his property or projam

      The u-aderlying purpose for the above subdivision policy is to encourage the original developer to prepare a
      comprehensive plan which considers all aquatic streas and follows the avoid, minimize, compensate sequence. it
      is generally not acceptable for a developer to layout a subdivision such that numerous parcel or lot owners will
      subsequently be required to obtain NWPs to make use of their property. However, it is equally unacceptable for
      the DE to limit a landowner owning 100,000 acres of contiguous parcels to less than ten acres of wetland impacts
      under the NWP program. Hence the exemption allowances.

      113. Combining NWPs and Individual Pv7Wts. 33 CFR330.6(d) states that subject to the following
      qualifications, portions ofa larger project may proceed under the authority of the NWPs while the Corps
      evaluates an Individual Permit application for other portions of the same project, but only if the portions of the
      project qualifying for NWP authorization would have independent utility and are able to function or meet their
      purpose independent of the total project. When the fimetioning or usefiilness of a portion of the total project
      qualifying for an NWP is dependent on the remainder of the project, such that its construction and use would not
      be fully justified even if the Corps were to deny the Individual Permit, the NWP does not apply and all portions
      of the project must be evaluated as part of the Individual Permit process.
      11-3.1. When a portion of a larger project is authorized to proceed under anNWP, it is with the understanding


                                                M  SOP-9341
                                                 PW 7 of 10






                that its construction will in no way prejudice the decision on the Individual Permit for. the rest of the project.
                Furthermore, the Mvidual Permit documentation must include an analysis of the impacts of the entire project,
                including related activities authorized by NWP.

                11.3.2. As stated in 33 CFR 330.6(d)(2), NWPs do not apply, even if a portion of the project is not dependent on
                the rest of the project, when any portion of the project is subject to an enforcement action by the Corps or EPA.
                11.4. Multiple NWPs. As stated in 33 CFR 330.6(d), two or mom different NWPs can be combined to authorize
                a "single and complete projem" However, the same NWP cannot be used more than once for a single and
                complete projecL
                11-5. After-the-FactAuthorizations. As stated in 33 6M 330.6(e), these authorizations often play an important
                part in the resolution of violations. In appropriate cases where the activity complies with the terms and
                conditions of an NWP, the Corps can elect to use the NWP for resolution of an after-the-Lict permit situation
                following a consideration of whether the violation being resolved was knowing or intentional and other
                indications of the need for a penalty. For ample, where an unauthorized fill meets the terms and conditions of
                NWP 13, the Corps can consider the appropriateness of allowing the residual fill to remain, in situations where
                said fill would normally have been permitted under NWP 13. A knowing, intentional, willful violation should be
                the subject of an enforcement acdon leading to a penalty, rather thn an after-the-fact authorization. Use of after-
                the-fact NWP authorization must be consistent with the terms of the Army/EPA Memoranduni of Agreement on
                Enforcement.


                12. Glossary. Unless otherwise indicated, all acronyms. abbreviations, and terms used in this document are in
                accordance with the definitions given in Charleston District Regulatory Bmncb!s SOP titled Terminology and
                Defutitions. Other usefW definitions are given at 40 CFR Part 1508 and at 40 CFR Part 230.3. Certain
                additional terms relevant to this SOP are defined below. The relevant source for each of the following definitions
                is indicated in parentheses following the definition.

                                                              v
                Completed ddhwadon means a delineation that has been verified by the Corps. (District Policy)

                Discretionary authority means the authority descn'bed in 33 CFR sections 330.1(d) and 330.4(e) which the Chief
                of Engineers delegates to Division or District Engineers to modify an NWP authorization by adding conditions,
                to suspend an NWP authorization, or to revoke an NWP authorization and thus require Individual Permit
                authorimion. (33 CFR 330.2)

                Minimal is defined by Webster to men consduiftS the least possible in size, number, or degree. Actions for
                minimizing the adverse effects of dMiarges are given in the 404(b)(1) guidelines at 40 CFR Part 230, Subpart EL
                Additional guidance: given in the dscu ion swtion of 33 CFR part 330 states that interpretation of what is
                considered "minirn2l" is left to the discretion of the DE. The discus ion further states that what is considered
                "minimill" can vary from state to state, county to county, watershed to watershed. Mhe fiictots used in
                determining what is minim2l must be based on the environmental setting of the District and the project. (Webster,
                40 CFR 230, and 33 CFR 330 Supplementary Information)

                Awl estate subavision iticludes circurnstarica where a landowne;r or developer divides a tract of land into
                smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said pascells. This
                includes the entire area of a midentiaL commercial or other subdivision, including all parcels and parts thereot
                (33 CFR 330, Appendix A(BX26))
                Mngk.and complateproject means the total project proposed or accomplished by one owner/developer or
                partnership or other association of owners/developers. For example. if cons=ion of a residential development
                affects several different arms of a headwater or isolated water, or several different headwaters or isolated waters,
                the cumulative total of all filled arm should be the basis for deciding whether or not the project will be covered


                                                                     MSOP-9341
                                                                      NP I of 10






      by an NWP. For linear projects, the "single and complete project" (i.e. single and complete crossing) will apply
      to each crossing of a separate water of the United States (i.e. single waterbody) at that location; except that for
      linear projects crossing a single wwerbody several tuin"es at separate and distant locations, each crossing is
      considered a single and complete project. However, individual channels in a braided stream or river, or
      individual arm of a large, -irregularly-shaped wetland or lake, etc., are not separate waterbodies. (33 CFR 330.2)

      Special aquatic sites means wetlands, mud flats, vegetated shallows, coml reefs, riffle and pool complexes,
      sanctuaries, and refuges as defined at 40 CFR 230.40 thru 230.45. (33 CFR 330.2)

      Term and conditions. The "terms" of an NWP are the limitations and provisions included in the description of
      the NWP itselt 'Me "conditions" of NWPs are additional provisions which place restrictions or limitations on all
      of the NWPs. These are published with the NWPs. Other conditions may be imposed by district or division
      engineers on a geographic, category-of-activity, or activity-specific basis (See 33 CFR 330.4(e)). (33 CFR 330.2)

      77@rerhold means the level, point, or value above which something is true or will take place and below which it is
      not true or will not take place. For the purposes of this SOP, the thmholds: given herein am considered to be
      levels of adverse impacts caused by the project above which the project fails to meet the conditions, limitations,
      restrictions, or other requirements specified in 33 CFR Part 330 or other relevant laws or regulations. (Webster)

      Verified delineation means a delineation which the Corps has approved as a true or acceptable representation of
      the limits and locations of all indicated special aquatic sites, including wetlands, within the specified boundaries.
      (Disaict Policy)

      Acron=s and Abbreviations-
      CFR    Code of Federal Regulations
      CoE    Corps of Engineers
      DA     Department of the Army
      DE     District Engineer
      EPA    U. S. Enviromental Protection Agency
      FWS    U. S. Fish and Wildlife Service
      IP     L3dividual Pennit
      NWS    National Mar@e Fisheries Service
      NWP`   Nationwide Pemiit
      OCE    Office of the Chief of Engineers
      PK     Public Notice
      PM     Project hianager
      ROL    Regulatory Guidance Letter
      SCCC   South Carolina CAas:W Coma
      SCDHEC South Carolina Department of Health and Envirownental Control
      SCWMRD South Carolma Wjldhh and Manne Resources Department
      SCWRC  South Carolina Water Rewurces Cminission
      SOP    Standa Operating Procedure

      13. Signature Authority. All letters regarding Nationwide Permits will be signed at the appropriate authority
      level indicated below. Any letters which do not fall into one of the categories listed below shall be signed by the
      District Engineer or his designated representative.

      13. 1. Routine Acdow. The following categories of letters regarding Nationwide Permits are considered routine
      actions and may be siped by Project Managers except that any letter filling into a category listed under Azticle
      13.2. or 13.3, shall be signed by the authority level indicated in that article.

      a. Letters responding to requests for information.
      b. Letters responding to requests for delineations or verification of delineations.
      c. Letters requesting additional information from applicant

                                        RD-SOP-93-01
                                        Pap 9 of 10






               13.2. Standard Actions. Tbe following categories of letters regarding Nationwide Perrnits; are considered
               standard actions and will be signed by the Chief of the Permits Processing Siction except that any letter failing
               into a category listed under Article 13.1. or 13.3, shall be signed by the authority level indicated in that article.

                 a.  Letters approving mitigation plaiis.
                 b.  Letters approving restoration plauL
                 c.  Letters resolving enforcement actions.
                 d.  Letters verifying that an activity is authorized by one or more Nationwide Permits.

               13-3. SpecWAcdons. The following categories of letters regarding Nationwide Permits are considered special
               actions and must be signed at the authority level indicated below.

                 & All letters of denild shall be signed by the District Engineer or his designated representative.

                 b. All letters verifying that a project qualifies for authorization under one or more NWPs: %,hen any resource
               agency is recommending that an individual permit should be required for that project shall be signed by the
               District Engineer or his designated representative.

                 c. AR letters imposing special conditions which the applicant has not agreed to or project modifications which
               the applicant has not agreed to shall be signed by the District Engineer or his designated representative.

                 d. All letters verifying that a project qualifies for authorization under one or more NWPs when the proposed
               mitigation credits are less than the required mitigation credits as calculated under the District SOP on Mitigation
               for Nationwide Permits and Small Projects, shall be signed at the level authorized in that Mitigation SOP.

                 e. All letters verifying that a project qualifies for authorization under one or more NWPs when the proposed
               mitigation plan deviates significantly from the policies and guidance given in the District SOP on Mitigation for
               Nationwide Permits and Small Projects, excluding variances covered in 13.3.d above, shall be signed by the
               District Engineer or his designated representativL

               14. Authorizing Signature. By the signature given below, this SOP is authorized as official policy of the
               Regulatory Branch, Charleston District Corps of Engineers.
                                                                                UWaV-U,
                                                                                           Clarence A. Ham, Chief
                                                                                           Regulatory Branch
                                                                                           Charleston District





















                                                                    PW 10 of 10





                                                  Submittal Requirements for Narionwide Pen-rLits in Chirleston District
                                                        Certification Status                                   Summary of N*L&c&ti*o RequirenwaLs
               Nationwide Permit Topic               SCDHEC            SCCC        bacedure             Fans          De"CaLion        Nwification            Applicable Notes
                                                                                                                       Required          Requimd
            1. Aid& to Navigation                                      yes                                                No                No
            2. Structures in Artificial Canall                         yes                                                No                No
            3. Maintenance                              Yes            Yes                                                No                No
            4. Fish &%reldlife Devices                  yes            yes                                                No                No
            S. Sciend& Measurement Device               Yes            yes               2            Form 2              No                Yes          See note 1.
            6. Survey Activities                                       Yes                                                No                No
            7. Outfill Strucwres                        Yes            yes               2            Form 2      6       No                Yes
            I .Oil and Gas Struclum                                    Yes                                                No                No
            9. Fketiog and Anchorage Amu
                                                                       yes                                                No                No
         10.   Mooring Bouys                                           yes                                                No                No
         11.   T". Recreational Structures
                                                                       yes          Ask RM            Ask RM              No                Yes          See note 3.
         12.   Utility Line Bwkfill & Bedding           Yes            Yes               2            Form 2              No                Yes          See 2 and 4.
         13.   Bank Stabilizatioa                       yes            Yes               2            Form 2              No                Yes          See 2 and S.
         14.   Poad Crossing                            yes            Y"                2            Form 2              Yes               Yes          See 2.6, end 14.
         15.   Coast Guart! Approved Bridges            Yes            yes                                                No                No
         16.   Disposal Amu Returst Water               No             Yes               3            Form I              NO                Yes          See note 13.
         17.   Hydropower Projects                      NO             Yes               I            Form I              No                Yes
         It.   NfinorDischarg"                          y"             No                I          See sow 11            y"                Yes          See 1, 6.11. 13,14. and 15.
         19.   23 Cubic Yards Dredging                                 NO                3          Set now 12            No                Yes          See 12. 13, and 15.
         20.   Oil Spill Cleanup                        Yed            Yes                                                No                No
         21.   Surface hGaing Activities                Yes            yes               2            Form 2              yes               yes          See note 14.
         22.   Rensovid of Vessels                      Yes            Yes               2            Form 2              NO                Yes          See note 7.
         23.   Categorical Exclusions                   Yes            NO                I          See Sale I            No                Yes          See I and IS.
         24.   SWe Admin. 404 Prograim,
                                                                       Y"
                                                                                                                          No                No           Sao now 2.
         25.   Structural Discharge                     Yes            ya                                                 No                No
         26.   Headwaters & Isolated Witten             No             No                I            Form I              Yes               Yes          See 9,10.13.14, and 15.
         27.   Wedand Pestarstion, Activities           Yes            No                3          See sow 12            No                yes          Sao 12. 13. and IS.
         28.   Mod. of Existing Marian                                 No                3          See vote 12           No                Yes          See 12.13. and 15.
         32.   Completed Enfonemeet Action              yen            No                3          See now 12            NO                Yes          See 12. 13. and IS.
         33.   Temp. Coastructioa/Access                Yes            No                I          See note 11           No                Yet          See 11. 13. and IS.
         34.   Cranberry Productiom                     yes            yes               2            Fans 2              No                yes
         35.   Maistenaace Dredging                                    No                3          Swe now 12            No                Yes          See 12. 13. and IS.
         36.   Boat Rwaps                               yes            Yes
                                                                                                    .1... : -....:...:    No                No           See note 2.
         37.   Enserleacy Watershed Proams              Yes            Yes               2            Form, 2             No                Yes
         31.   Cleanup of HazardouwToxic                Yes            Yes               2            Forem 2             Yen               Yes          See 2 and 14
         40.   Farm Bumings                             7"             No                3          See now 12            No                Yes          See 12,13. and 15.
                                                                                                                     Naliomwide PermitNumben 29,30,31. and 39 wen so used.
                                                                                                                                                                      Not Applic"


         1.    Notificatica is nquimd if the project cumorls 10 cwbic yzeds.
         2.    CAnificatiom was issitied band as reposel cooditioaL
         3.    Notificatioa in required at Corps of Engineers RamervairL No*             Resmair MNLW (RK
         4.    Notificatirm in required ** if sidecas material wO wassia in U. L Walm (imcludiag wedsods) he smorie thism 90 days.
         S.    Notificstica is requited if the pmjM cw@Ws 500 (m im In& or ons ribit ywd pa naming haL
         6.                                                                                     MAL
         7.    Nowicationisroquindiftheve
         1.    Fans I is required is somo4risical armas of 6a coulal zoo*. oiwwbon mod" sam @ad* RGL 97-10.
         9.    Nofificstiom is wMind far discharges in soo-crkical &raw of6a cos" =%@ and tbass cwg*"g one scre outside coastal zow.
         10.   Cenificalias ww waived fair all qualified discharges of less than am WN Outside of the Coastal zone.
         11.   Forms I is required for activities is 69 mo*46tical sow of Me comistal was. elsewhere un Form 2.
         12.   Nodfication is a* required for activities is the son-cfMiCal Amu of the 9444W zow (MISS Farm 4
         13.   Notification is Mquired OWY becAAM DHEC Of SCCC denied MWkaLOz f0f &be Natinawids' Permit.
         14.   DeliaemLiem is requirW if 69 P10jea is is & -8damd or other special aquatic sit&
         15.   public Notim is am roquimd if the octivity is kauted to the Csitical Amu oftbe Coosstal Zow (SCCC cartified all NW`Ps ia the Critical Ammg@


                                                                       Attachment A - RD-SOP-93-01 - Page I of I







                                                Nationwide Permit Conditions
                                               (source 33 CFR Part 330, Appendix A)

         GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by
         a nationwide permit to be valid:

         1. Navigation. No activity may cause more than a minimal adverse effect on navigation.

         2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to
         ensure public safety.

         3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in
         effective operating condition during construction, and all exposed soil and other fills must be permanently
         stabilized at the earliest practicable date.

         4. Aquatic life movements. No activity my substantially disrupt the movement of those species of aquatic life
         indigenous to the waterbody, including those species which normally migrate through the area, unless the
         activity's primary purpose is to impound water.

         5. Equipment Heavy equipment working in wetlands must be placed an mats or other measures must be taken to
         minimize sad disturbance.


         6. Regional and case-by-case conditions. The activity must comply with any regional conditions which may have
         been added by the division engineer (see 33 CFR 330.4(e)) and any case specific conditions added by the Corps.

         7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River
         System.; or in a river officially designated by Congress as a "study river" for possible inclusion in the system,
         while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the
         National Park Service and the U.S. Forest Service.

         8. Tribal rights. No activity or its operation nay impair reserved tribal rights, including, but not limited to,
         reserved water rights and treaty fishing and hunting rights.

         9. Water quality certification. In certain states an individual state water quality certification must be obtained or
         waived (see 33 CFR 330.4(c)).

         10. Coastal zone management In certain states, an individual state coastal zone management consistency
         concurrence must be obtained or waived. (see 33 CFR 330.4(d)).

         11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued
         existence of a threatened or endangered species or a species proposed for such designation, as identified under the
         Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such
         species. Non-federal permittees shall notify the district engineer if any listed species or critical habitat might be
         affected or is in the vicinity of the project and shall not begin work an the activity until notified by the district
         engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is
         authorized. Information on the location of threatened and endangered species and thew critical habitat can be
         obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. (see 33 CFR 330.4(f))

         12. Historic properties. No activity which nay affect Historic properties listed, or eligible for listing, in the
         National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR 325,
         Appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any
         historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may


                                                 Attachment B - RB-SOP-92-01 - Page 1 of 4
 


be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by
the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that
the activity is authorized.  Information on the location and existence of historic resources can be obtained from the
State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)).

13. Notification.

    (a) Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as
early as possible and shall not begin the activity:

		(1) Until notified by the District Engineer that the activity may proceed under the NWP with any special
	conditions imposed by the district or division engineer, or

		(2) If notified by the District or Division engineer that an individual permit is required; or

		(3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective
	permittee has not received notice from the District or Division Engineer.  Subsequently, the permittee's right to
	proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth
	in 33 CFR 330.5(d)(2).

	(b) The notification must be in writing and include the following information and any required fees:

		(1) Name, address and telephone number of the prospective permittee;

		(2) Location of the proposed project;

		(3) Brief description of the proposed project; the project's purpose; direct and indirect adverse
	environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual
	permit(s) used or intended to be used to authorize any part of the proposed project or any related activity;

		(4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including
	wetlands; and

		(5) A statement that the prospective permittee has contacted:

			(i) The USFWS/NMFS regarding the pressence of any Federally listed (or proposed for listing)
	endangered or threatened species or critical habitat in the permit area that may be affected by the proposed
	project; and any available information provided by those agencies.  (The prospective permittee may contact Corps
	District Offices for USFWS/NMFS agency contacts and lists of critical habitat.)

			(ii) The SHPO regarding the presence of any historic properties in the permit area that may be affected by
	the proposed project; and the available information, if any, provided by that agency.

		(c) The standard individual permit application form (Form ENG 4345) may be used as the notification but
	must clearly indicate that it is a PDN and must include all of the information required in (b)(1)-(5) of General
	Condition 13.

		(d) In reviewing an activity under the notification procedure, the District Engineer will first determine
	whether the activity will result in more than minimal individual or cumulative adverse environmental effects or
	will be contrary to the public interest.  The prospective permittee may, at his option, submit a proposed mitigation
	plan with the predischarge notification to expedite the process and the District Engineer will consider any optional
	mitigation the applicant has included in the proposal in detarmining whether the net adverse environmental effects
	of the proposed work are minimal.  The District Engineer will consider any comments from Federal and State

				Attachment B - RB-SOP-93-01 - Page 2 of 4



agencies concerning the proposed activity's compliance with the terms and conditions of the nationwide permits
and the need for mitigation to reduce the project's adverse environmental effects to a minimal level.  The district
engineer will upon receipt of a notification provide immediately (e.g. facsimile transmission, overnight mail or
other expeditious manner) a copy to the appropriate offices of the Fish and Wildlife Service, State natural
resource or water quality agency, EPA, and, if appropriate, the National Marine Fisheries Service.  With the
exception of NWP 37, these agencies will then have 5 calendar days from the date the material is transmitted to
telephone the District Engineer if they intend to provide substantive, site-specific comments.  If so contacted by an
agency, the District Engineer will wait an additional 10 calendar days before making a decision on the
notification.  The District Engineer will fully consider agency comments received within the specified time frame,
but will provide no response to the resource agency.  The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered.  Applicants are
encouraged to provide the Corps multiple copies of notifications to expedite agency notification.  If the District
Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse
effects are minimal, he will notify the permittee and include any conditions he deems necessary.  If the District
Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the
applicant either:

	(1) that the project does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit; or

	(2) that the project is authorized under the nationwide permit subject to the applicant's submitting a
mitigation proposal that would reduce the adverse effects to the minimal level.  This mitigation proposal must be
approved by the District Engineer prior to commencing work.  If the prospective permittee elects to submit a
mitigation plan, the DE will expeditiously review the proposed mitigation plan, but will not commence a second
30-day notification procedure.  If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to
the applicant informing him that the project can proceed under the terms and conditions of the nationwide permit.

	(e) Wetlands Delineations:  Wetland delineations must be prepared in accordance with the current method
required by the Corps.  The permittee may ask the Corps to delineate the special aquatic site.  There may be some
delay if the Corps does the delineation.  Furthermore, the 30-day period will not start until the wetland delineation
has been completed.

	(f) Mitigation:  Factors that the District Engineer will consider when determining the acceptability of
appropriate and practicable mitigation include, but are not limited to:

		(1) To be practicable the mitigation must be available and capable of being done considering costs, existing
technology, and logistics in light of overall project purposes;

		(2) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation
including contributions to wetland trust funds, which contribute to the restoration, creation, replacement,
enhancement, or preservation of wetlands.

Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to:
reducing the size of the project; establishing buffer zones to protect aquatic resource values; and replacing the loss
of aquatic resource values by creating, restoring, and enhancing similar functions and values.  In addition,
mitigation must address impacts and cannot be used to offset the acreage of wetland losses that would occur in
order to meet the acreage limits of some of the nationwide permits (e.g. 5 acres of wetlands cannot be created to
change a 6 acre loss of wetlands to a 1 acre loss; however, the 5 created acres can be used to reduce the impacts
of the 6 acre loss).



				Attachment B - RB-SOP-93-01 - Page 3 of 4







              SECTION 404 ONLY CONDITIONS: In addition to the General Conditions, the following conditions apply
              only to activities that involve the discharge of dredged or fill material and must be followed in order for
              authorization by the nationwide permits to be valid:

              1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public water
              supply intake except where the discharge is for repair of the public water supply intake structures or adjacent
              bank stabilization.

              2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish
              production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide
              permit 4.

              3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash,
              debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section
              307 of the Clean Water Act).

              4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or
              avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a
              compensation mitigation plan for the specific regulated activity.

              5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum
              extent practicable.

              6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or
              impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary
              purpose of the fill is to impound waters).

              7. Adverse impacts from impoundments.  If the discharge creates an impoundment of water, adverse impacts on
              the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized
              to the maximum extent practicabe.

              8. Waterfowl breading areas. Discharges into breeding areas for migratory waterfowl must be avoided to the
              maximum extent practicable.

              9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas
              returned to their preexisting elevation.






















                                    Attachment B - RB-SOP-93-01 - Page 4 of 4 




                     Regional Conditions for Specific Nationwide Permits in South Carolina


            Nationwide Permit #12 -That the nationwide permit authorizes only a single crossing of a
            waterbody and/or wetland and such crossing cannot run parallel with the wetland system. The
            permittee must take appropriate erosion control measures to prevent siltation of the adjacent
            wetlands.

            Nationwide Permit #13 - That the permittee must provide the District Engineer, Charleston
            District with notification in accordance with 33 CFR 33 0. 1 (e), before commencing work on any
            bank stabilization activity in South Carolina that would be located adjacent to an authorized Federal
            Navigation project. These Federal navigation areas include Adams Creek, Savannah River, Jeremy
            and.Town Creek at McClellanville, Village Creek at Beaufort, the Charleston Harbor Navigation
            Project (to include the federal navigation channels in Shipyard River, Wando River, Town Creek,
            and channels at the Naval Weapons Station), Georgetown Harbor, Little River Inlet, Murrells Inlet,
            Main Creek at Murrells Inlet, Port Royal Harbor, Waccamaw River, and the Atlantic Intracoastal
            Waterway (ATWW).

            Nationwide Permit #14 - That the use of this permit is prohibited in waters that the S. C.
            Department of Health and Environmental Control has classified as Outstanding Resource Waters,
            (ORW). Additionally, the use of this permit is limited to one crossing per project provided no other
            permits (nationwide or otherwise) are required to develop the project site, unless waived by the S.
            C. Coastal Council. The permittee must take appropriate erosion control measures to prevent
            siltation of the adjacent wetlands.

            Nationwide Permit #24 - That the state administered 404 program must be consistent with the
            Coastal Zone Management Program -

            Nationwide Permit #36 - That, in addition to the restrictions currently imposed by the nationwide
            permit, the following restrictions are added.

                   a. That the boat ramp width cannot exceed 10 feet.
                   b. That only one boat ramp is constructed on a single family residential lot.
                   c. That its use is limited to private, non-commercial activities.

            Nationwide Permit #38 -That once the activity authorized by this nationwide permit is complete,
            any special aquatic sites, including wedands, diat were impacted by the activity must be restored to
            preproject conditions or a mitigation proposal must be submitted that adequately compensates the
            impacts to the wetlands. A restoration or mitigation plan and time table must be submitted to the
            District Engineer. The District Engineer or his designee will conduct a site inspection after the
            restoration/initigation has been completed to insure compliance.










                                                  Aawkwea C - Page I of I





                 Procedures for Processing and Evaluation of Certain Nationwide Permi             ts in South Carolina
        PROCEDURE L On those nationwide permits for which the SCCC and/or the SCDHEC have denied certification,
        the procedure to be employed in the Charleston District is as follows: Upon receipt of notification (Form # 1) from a
        perspective permittee on a nationwide permit that required notification that has been denied by the SCCC and/or
        SCDHEC (NW?s 17, 18, 23, 26, & 33), the Charleston District will issue a public notice (PN) describing the
        proposed project (see sampie PNTs on pages 4 and 5). The notice will serve as a request from the applicant for a
        project specific determination on the activities consistency with the coastal zone management program and/or
        compliance with applicable state water quality standards. The notice will also provide interested or affected parties
        an opportunity to provide comments to the SCCC andlor the SCDHEC.

        In addition, the notice will also serve as a request for comments from the Federal and State environmental resource
        agencies on the specific impacts the proposed activity may have on the environment. Tbe notice will specifically
        request comments from the U. S. Fish and Wildlife Service (FWS) and/or the National Marine Fisheries Service
        (NMFS).on the presence of any Federally listed (or proposed for listing) endangered. or threaten-.d species or critical
        habitat in the permit area that may be affected by the proposed project. The notice will also specifically request
        comments from the S.C. State Historic Preservation Oflice (SBPO) regarding the presence of any historic properties
        in the permit area that may be affected by the proposed project. All comments received from these agencies within
        15 days of the date of this notice will be fully considered in the District Engineer's decision as to whether this
        activity should be authorized by nationwide permit or subjected to a more rigorous review under the provisions of
        the individual permit application process (33 CER 325). However, this decision must be made within 30 days of the
        date that a complete notification was received by the corps, unless mitigation is determined to be necessary or
        historic property or endangered species consultation is requiredL If an individual permit application is determined to
        be the appropriate measure in this case, a new public notice will be issued. Absent such a determination the
        applicant and the public may presume this activity is being considered under the provisions of the Corps' nationwide
        permit program.

        Procedure I - Sliecial Cases
        L Nationwide Permit 18. Notification under VW IS is required only it
         (1) the discliarge exceeds 10 cubic yards or,
         (2) the project is in a wetland or other special aquatic site or,
         (3) the project is in the non-chticalarm of the coastal zone.

        b. Nationwide Permits IS and 33. Notification procedures for NWPs I& and 33 are as stated above with the
        following exceptions. For activities in allareas of South Carolina except the non-critical area of the coastal zone, the
        notification should use Form 2 and the Project Manager should follow Procedure H instead of procedure L

        c. Nationwide Permit 23. Notification procedures for NWP 23 at as stated above with the following exceptions.
         (1)   For activities outside the non-critical areas of the cowW zone a public notice is not required.
         (2) In addition, certain NWP 23 activities which fall under the Federal Highway Administration (FHWA)
        categorical exclusions require notifi(WiOL As stated in RGL 97-10, those FHWA activities which require
        notification are the activities occurring under paragraphs (c)(3), (c)(7), (c)(9), (c)(12) and all (d) paragraphs of 49
        CFR Part 771.117 (published 27 Nov 1987)., An extracted listing of these paragraphs is provided as Attachment E.
        The FHWA. or local transportation agency to be funded by the FHWA should contact the Corps to review the project
        proposal to emmm that the proposed activities would have only minimal adverse individual and cumulative impacts
        on the aquatic environmenL

        PROCEDUREM For those nationwide permits requiring notification (NWP's 5, 7,12,13,14,21,22,34,37 &
        38) that the SCCC and/or the SCDHEC have certified, the procedure to be employed in the Charleston District is as
        follows: Upon receipt of notification (Form #2)1 from a perspective permittee, the District Engineer will review the

        I Form 02 is provided as a =Co=CQd9d fOMM for VA=iusl Of the nece"ary informAtiolL

                                               Aoubmw D - RB-SOP-93-01 - ftr I of 9





             proposed activity and determine if the activity is a candidate for authorization by nationwide permit and if mitigation
             for the project's impacts will be required. Along with the notification, the perspective permirtee must furnish
             evidence that heJshe has contacted the FWSfNNTS regarding the presence of any Federally listed (or proposed for
             listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed
             project and any available information provided by those   ,igencies. 71c perspective permittee must also furnish
             evidence that he/she has contacted the State Historic Preservation Office regarding the presence of any historic
             properties in the permit area that may be affected by the proposed project and the available information, if any,
             provided by that agency. 71te District En&etr will also request comments from the Federal and State
             environmental resource agencies on the specific impacts the proposed activity may have on the environment (see
             sampk kjw on page 6). All comments received from these agencies within 15 days of the date of such request will
             be fully considered in the District Engineer's decision as to whether this activity should be authorized by nationwide
             permit or subjected to a more rigorous review %mder the provisions of the individual permit application process (33
             CFR 325). This decision must be made within 30 days of the date of receipt of notification if all information
             required has been submitted by the perspective permittee. If an individual permit application is determined to be the
             approprige measure, the perspective permittee will be so advised. Absent such a determination the perspective
             permittee may presunic this activity is being considered under the provisions of the Corps' natioawide permit
             program.

             Procedure TT - SIZecial CM91
             & Nationwide Permit 5. Notification under NWP 5 is required only if the discharge exceeds 10 cubic yards.

             b. Nationwide Permit 12. Notification under NWP 12 is required only if sidecast material will remain in U.S.
             Waters (which includes wetlands) for more than 90 days.

             r- Nationwide Permit 13. Notification under NWP 13 is required only if the project exceeds 500 feet in length or
             one cubic yard per running fooL

             d. Nationwide Permit 14. Notification under NWP 14 is required only if the project is in a wetland or other special
             aquatic site.                                   V

             L Nationwide Permit 22. Notification under NWP 22 is required only if the vessel to be removed is listed or
             eligible for listing on the National Register of Historic Places.

             PROCEDURE 33L For those nationwide permits that the SCCC andtor the SCDHEC have denied certification
             which do not require notification to the District Engineer WWs 16, 19, 27, 28, 32, 3 5, & 40). the procedure to be
             employed in the Charleston District is as follows: Mis actions tW= by the SCCC and/or the SCDHEC to deny
             certain nationwide permits (see above list) have revilted. in a denial of Federal authorization without prejudice for
             those specific activities. Perspective permittees can not commence work under the authority of these nationwide
             permits =11 he receives certification from the appropriate state agency. To assist in this regard, this office wilL
             upon receipt of a request for vetification from a perspective permittee, review the proposed activity and de termine if
             the specific activity is a candidate for authorization by a particular nationwide permit. If it meets the requisite
             criteria, a public notice will be issued (see sampk PFs onpages 7 and 8) by the Charleston District announcing that
             it has received a request for verification and that it has reviewed the activity and determined that the work is a valid
             candidate for authorization by nationwide permit. The authorization wiU be subject to compliance with any
             modification or mitigation that is required as a prerequisite to certification by the SCCC and/or the SCDHEC. The
             notice will also indicate that the permittee can not commence work until the required state certification is received
             from the appropriate agency.

             Procedure M - Special Cases
             Nationwide Permits 19, 27, 28, 32, 35, and 40. Notification for these NWPs is only required for projects in the non-
             critical areas of the coastal zone. For activities located outside of the non-critical areas of the coastal zone (which
             includes all counties outside of the coastal zone) no notification is requiredL


                                                    Anukmom D - RD-SOP-9341 - hr 2 of9






                                                 CHARLESTON DISTRICT
                                                     P.O. Box 919                     Attachment D - RB-SOP-93-01 - Page 3 of 9
                                               Charleston, S.C. 29402
                                      404 APPLICATION: LESS THAN 10 ACRES


             The below listed information is required and must be attached to this form:

             1. Applicant's Name:
                
                Applicant's Address:                                               Phone:

             2. Agent's Name:

                Agent's  Address:

             3. Contact Person:                                                   Phone:

             4. Project Name (if any):

             5. Nearest Waterway Name (if any):

             6. Nearest Town/City:                                            County:

             7. Total wetland area proposed for fill (acreage/square feet):
                (Include wetland delineation map/drawing)

             8. Total amount of fill in wetlands (Cubic Yards):

             9. Total area of wetlands (acres) affected by project:
                (i.e., flooded, cleared, drained, excavated, etc.)

            10. A wetland delineation of the project site must be provided. If a wetland
                delineation has been accomplished, please provide the identification number
                cited (SAC-                       ) and/or a copy of the letter.

            11. If any other permits have been issued for this project or site please
                provide a list of all previous project names and permit numbers
                (SAC-                 ).

            12. Has any part of the work been started or completed? (  )Yes   (  )No
                If yes, explain:

            THE BELOW LISTED SUPPORTING INFORMATION, REQUIRED BY B.C.C.C. (Required by 15
            CFR 930.58) AND SCHDEC MUST BE ATTACHED TO THIS FORM:

             (1) A brief narrative description of the projects project location and the purpose of the
                 project.

             (2) A location map identifying the precise location of the work site must be provided on an
                 8 1/2" x 11" or 8  1/2" x 14" portion of a USGS Quadrangle map. The name of the Quadrangle
                 must be shown on the map. A county or local road map showing the project site must also be
                 provided.

             (3) Plan of project on 8 1/2" x 11" or 8 1/2" x 14" paper, clearly depicting all wetlands, the
                 areas proposed to be filled or modified, the mitigation areas, the property and/or lot
                 boundaries, roadways, structure locations, location of high water (NW) and low water (LW)
                 contours, and other relevant information.
             
             (4) Cross Sections through each wetland to be filled and/or altered showing both existing and
                 proposed contours.

             (5) For other than single family lots a drainage and storm water management plan must be
                 submitted directly to the SCCC and/or SCDMEC. Contact the SCCC or SCDMEC, as appropriate,
                 for drainage and storm water guidelines.

             (6) Proof of publication in a local newspaper. Contact the SCCC or the SCDMEC for additional
                 information.

             (7) For projects involving commercial and/or residential development an overall development
                 plan must be provided. This plan must also be on a 8 1/2" x 11" or 8 1/2" x 14" paper and
                 must identify all wetlands to be filled and/or altered. The information contained on the
                 drawings must be readable.

             (8) The projects latitude and longitude must be shown on the project plans.

             (9) If large scale development plans are available they must be provided to the agencies
                 identified on the reverse side of this form.




                 DATE                               SIGNATURE OF APPLICANT OR AUTHORIZED AGENT
            revised 6/01/92)





                                             CRARLESTON DISTRICT
                                                P.O. Box 919             AoWk=,, D - R]@.SOP-93-01 ?Me 4 of 9
                                           Charleston, S.C. 29402

                                    NATIONWIDE PERMIT "NOTIFICATION" FORK

              The below listed -information is required and must be attached to thim form:

                i. Applicant's Name:
                   Applicant's Address:                                    Phone:

                2. Agent's Nana:

                   Agent's Address:

                3. Project Nam& (if any):

                4. Nearest Waterway Name (if any):

                S. Nearest Town/City:                                   County:

                6. Total wetland area proposed for fill (acreage/square foot):

                7. Total area of wetlands (acres) affected by project:
                   (i.e., flooded., cleared, drained, excavated, ate.)

                S. A watland delineation of the project site must be provided. If a watland
                   delineation has been accomplished, please provide the identification number
                   cited (SAC-                  I and/or a copy of the letter.

                9. List any other NWP(s), regional general pernit(s) or individual pernit(s)
                   used or intended to be used to authorize any part of the proposed project
                   or any related activity.

              10.  Has any part of the work been started or completed?   )Yes ( )No
                   if Yes, explain:

              11.  A brief narrative description of the project, project location and the
                   purpose of the project must be provided. Include a discussion of the
                   direct and indirect impacteassociated with the project.

              12.  2vidence is required that shows that the prospective pormittes has
                   contacted:

                    (a)  The USFVS/NMFS regarding the presence of any Federally - listed (or
                         proposed f or listing) endangered or threatened species or critical
                         habitat in the permit area that may be affected by the proposed
                         project; and any available information provided by those agencies.
                         (The prospective pernittae my contact Corps District Of f ices f or
                         USFWSINKFS aqancy contacts and lists of critical habitat.)

                    (b) The SHPO regarding the presence of any historic properties in the
                         permit area that my be affected by the proposed project; and the
                         available information, if any, provided by that agency.
              13.  A location sap identifying the precise location of the work site must be
                   provided on a 8 1/2" x 110 or 8 1120 x 140 portion of a USCS Quadrangle
                   I=. The name of the Quadrangle must be shown on the nap. A county or local
                   road sap showing the project site must also be provided.
              14.  A plan of project an   1120 v 11" or 8 1126 v IAS paper, clearly depicting
                   all'watlands, the areas proposed to be filled or modified, the mitigation
                   areas, the property and/or lot boundaries, roadways, structure locations,
                   location of high water (HW) and low water (LW) contours, and other relevant
                   information must be provided.
              is.  Cross Sections through each vatland to be filled and/or altered showing both
                   existing and proposed contours must be provided.
              16.  For projects involvinq commercial and/or residential development an overall
                   development plan must be provided. This plan must also be on 2 1120 V 110 np
                   a 1/20 x 140 paper and must identify all wetlands to be filled and/or
                   altered. The Information contained on the drawings must be readable.



                   DATE                         SIGNATURE Or APPLICANT OR AUTHORIZED AGENT







              (Procedure I - Sample public notice for nationwide permit activities in the Non-Critical Areas of the Coastal Zone)
                                                               PUBLIC NOTICE
       CESAC-CO-P
       Refer to SAC-__-___-92-___-___

       An application, dated             , has been submitted by

                                                     John Doe Limited Partnership
                                                           123 Your Street
                                                      Anytown, Picka County, SC

       requesting verification that the proposed activity depicted on the attached plans is authorized by nationwide permit.

       This office has reviewed the proposed activity and has concluded that the activity is a candidate for authorization by
       nationwide permit if acceptable mitigation proposal, as explained hereafter, is submitted to and approved by the District
       Engineer and an activity specific consistency concurrence is obtained from the S. C. Coastal Council. The applicant has
       provided a statement that indicates to the best of his knowledge the proposed work is consistent with the Coastal Zone
       Management Program and the S. C. Coastal Council has been requested to advise the District Engineer if it concurs. The
       concurrence of the S. C. Coastal Council is required before the activities identified herein may be authorized to proceed by the
       Corps of Engineers.

       With regard to the necessity of the applicant submitting an acceptable mitigation plan, it should be noted that the mitigative
       measures routinely required by the S. C. Coastal Council to compensate for the environmental impacts of a proposal are
       normally sufficient to allow the District Engineer to conclude that the loss of wetlands associated with the specific activity has
       been adequately mitigated. For this reason, an activity specific mitigation plan must be submitted to the District Engineer
       along with the coastal zone consistency concurrence.

       Anyone interested in or affected by the proposed project, or anyone wishing to comment on the project's consistency with the
       Coastal Zone Management Program may submit comments on the proposed work to the S. C. Coastal Council at the address
       specified below.
                                                        South Carolina Coastal Council
                                                         Attn: Mr. H. Stephen Snyder
                                                            Ashley Corporate Center
                                                          4130 Faber Place, Suite 300
                                                       Charleston, South Carolina 29405

       The S. C. Coastal Council will accept comments for a period of thirty (30) days, commencing with the date of this public
       notice. Information concerning the proposed work a available for public inspection at the S. C. Coastal Council's Charleston
       office at the above address during normal business hours.

       NOTE: The S. C. Department of Health and Environmental Control has waived water quality certification for activities that
       qualify for nationwide permit #26 which are located in the coastal zone.

       This public notice also serves as a request for comments from the Federal and State environmental resource agencies on the
       specific impacts the proposed activity may have on the environment. Project specific comments are also requested from the
       U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of any Federally listed (or
       proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the
       proposed project. Project specific comments are also requested from the State Historic Preservation Office regarding the
       presence of any historic properties in the permit area that may be affected by the proposed project. All comments received
       from these agencies within 15 days of the date of this notice will be fully considered in the District Engineer's decision as to
       whether this activity should be authorized by nationwide permit or subjected to a more rigorous review under the provisions of
       the individual permit application process (33 CFR 325). This decision must be made by   insert date   unless historic
       property or endangered species consultation is required. If an individual permit application is determined to be the appropriate
       measure in this case, a new public notice will be issued. Absent such a determination the applicant and the public may
       presume this activity is being considered under the provisions of the Corps' nationwide permit program.

                                                                                     Project Manager, Charleston District



                                                  Attachment D - RB-SOP-93-01 - Page 5 of 9


(Procedure 1 - Sample public notice for nationwide permit activities inland of the Coastal Zone)
PUBLIC NOTICE

CESAC-CO-P
Refere to SAC-__-92-___-____

An application, dated ______________, has been submitted by

John Doe Limited Partnership
123 Your Street
Anytown, Picka County, SC

requesting verification that the proposed activity depicted on the attached plans is authorized by nationwide permit.

This office has reviewed the proposed activity and has concluded that the activity is a candidate for authorization by
nationwide permit if an acceptable mitigation proposal, as explained hereafter, is submitted to and approved by the District
Engineer and an activity specific water quality certification is obtained from the S. C. Department of Health and
Environmental Control (SCDHEC). THe SCDHEC is hereby requested to review the proposal and provide the District
Engineer with its decision on water quality certification. Water Quality Certification from the SCDHEC is required before the
activities identified herein may be authorized to proceed by the Corps of Engineers.

With regard to the necessity of the applicant submitting an acceptable mitigation plan, it should be noted that the mitigative
measures routinely required by the SCDHEC to compensate for the environmental impacts of a proposal are normally
sufficient to allow the District Engineer to conclude that the loss of wetlands associated with the specific activity has been
adequately mitigated. For this reason, an activity specific mitigation plan must be submitted to the District Engineer along
with the water quality certification.

Anyone interested in or affected by the proposed project, or anyone wishing to comment on the project's water quality impacts
may submit comments on the proposed work to the S. C. Department of Health and Environmental Control at the address
specified below.

S. C. Department of Health
and Environmental Control
Attn: Sally Knowles
2600 Bull Street
Columbia, South Carolina 29201

The SCDHEC will accept comments for a period of fifteen (15) days, commencing with the date of this public notice.
Information ocncerning the proposed work is available for public inspection at the SCDHEC's office at the above address
during normal business hours.

This public notice also serves as a request for comments from the Federal and State environmental resource agencies on the
specific impacts the proposed activity may have on the environment. Project specific comments are also requested from the
U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habititat in the permit area that may be affected by the
proposed project. Project specific comments are also requested from the State Historic Preservation Office regarding the
presence of any historic properties in the permit area that may be affected by the proposed project. All comments received
from these agencies within 15 days of the date of this notice will be fully considered in the District Engineer's decision as to
whether this activity should be authorized by nationwide permit or subjected to a more rigorous review under the provisions of
the individual permit application process (33 CFR 325). This decision must be made by   insert date   unless historic
property or endangered species consultation is required. If an individual permit application is determined to be the appropriate
measure in this case, a new public notice will be issued. Absent such a determination the applicant and the public may
presume this activity is being considered under the provisions of the Corps' nationwide permit program.


Project Manager
Charleston District

Attachment D - RB-SOP-93-01 - Page 6 of 9









                                (Procedure II - Sample letter for notification to resource agencies)




                                                            Date






       To: Send This Letter to FWS, EPA, NMFS, SCWMRD


       Subject: NATIONWIDE PERMIT - AGENCY NOTIFICATION




               In accordance with current regulations published at 33 CFR 330 which became effective on January 21,
       1992, the attached notification regarding a proposed activity under nationwide permit #___ is forwarded for your
       review and comment. If you believe the proposed work should not be authorized under the nationwide permit, you
       should forward your views to the District Engineer.

               To ensure full consideration of your views, your response must be received by ___________. In your
       response, please refer to our file number _________________.



                                                                            Respectfully,







       Enclosures enclose copy of complete notification including drawings



















                                  Attachment D - RB-SOP-93-01 - Page 7 of 9







                     (Procedure III - Sample PN for activities that require notification because certification has been denied by SCCC)

                                                                  PUBLIC N0TICE


              CESAC-CO-P
              Refer to SAC-__-92-__-___

              An application, dated               , has been submitted by

                                                             John Doe Limited Partnership
                                                                    123 Your Street
                                                             Anytown, Picka County, SC

              requesting verification that the proposed activity depicted an the attached plans is authorized by nationwide permit.

              This office has reviewed the proposed activity and has concluded that the activity complies with the terms and conditions of
              the nationwide permit and can be authorized once an activity specific certification is obtained from the S. C. Coastal Council
              (SCCC). The authority to proceed under nationwide permit is subject to compliance with any modification or mitigation that
              is required as a prerequisite to certification by the SCCC.

              Anyone interested in or affected by the proposed project, or anyone wishing to comment on the project's consistency with the
              Coastal Zone Mangement Program may submit comments on the proposed work to the S. C. Coastal Council at the address
              specified below.

                                                           South Carolina Coastal Council
                                                               Attn: H. Stephen Snyder
                                                               Ashley Corporate Center
                                                             4130 Faber Place, Suite 300
                                                          Charleston, South Carolina 29405

              Tbe S. C. Coastal Council will accept comments for a period of thirty (30) days, commencing with the date of this public
              notice. Information concerning the proposed work is available for public inspection at the S. C. Coastal Council's office at the
              above address during normal business hours.

              NOTE: The S.C. Department of Health and Environmental Control has waived water quality certification for activities that
		  qualify for nationwide permit #26 which are located in the coastal zone.
	
              Once certification is received from the SCCC the permittee may proceed with the work as far as the Corps of Engineers is
              concerned.



                                                                                                Project Manager
                                                                                                Charleston District





















                                                     Attachment D - RB-SOP-93-01 - Page 8 of 9







                    (Procedure III - Sample PN for activities that require notification because SCDHEC denied certification)

                                                             PUBLIC NOTICE


         CESAC-CO-P
         Refer to SAC-__-92-___-___

         An application, dated              ,has been submitted by

                                                       John Doe Limited Partnership
                                                              123 Your Street
                                                        Anytown, Picka County, SC

         requesting verification that the proposed activity depicted on the attached plans is authorized by nationwide permit.

         This office has reviewed the proposed activity and has concluded that the activity complies with the terms and conditions of
         the nationwide permit and can be authorized once an activity specific certification is obtained from the S. C. Department of
         Health and Environmental Control (SCDHEC). The authority to proceed under nationwide permit is subject to compliance
         with any modification or mitigation that is required as a prerequisite to certification by the SCDHEC.

         Anyone interested in or affected by the proposed project, or anyone wishing to comment on the project's water quality impacts
         may submit comments on the proposed work to the S. C. Department of Health and Environmental Control at the address
         specified below.

                                                    S. C. Carolina Department of Health
                                                        and Environmental Control
                                                          Attn: Ms. Sally Knowles
                                                              2600 Bull Street
                                                      Columbia, South Carolina 29201

         The S. C. Department of Health and Environmental Control will accept comments for a period of fifteen (15) days,
         commencing with the date of this public notice. Information concerning the proposed work is available for public inspection at
         the S. C. Department of Health and Environmental Control's office at the above address during normal business hours.

         Once certification is received from the SCDHEC the permittee may proceed with the work as far as the Corps of Engineers is
         concerned.



                                                                                           Project Manager
                                                                                          Charleston District
























                                                 Attachment D - RB-SOP-93-01 - Page 9 of 9








                              Federal Highway Administration Categorical Exclusions Requiring Notification

            The following list is extracted from 49 CFR 771.117. The listed activities arethose specified in Regulatory Guidance
            Letter 87-10 as requiring notification and verification by the District Engineer on a case by case basis. Furthermore, 49
            CFR 771.117(d) allows that additional categorical exclusions may be designated after approval by the Administration.
            Any such additional exclusions must be approved by the Office of the Chief Engineers and will require notification.


            Reference Paragraph	Activity Description

            49 CFR 771.117 c(3)     Construction of bicycle and pedestrian lanes, paths, and facilities.

            49 CFR 771.117 c(7)     Landscaping

            49 CFR 771.117 c(9)     Emergency repairs under 23 U.S.C. 125.

            49 CFR 771.117 c(12)    Improvement to existing rest areas and truck weigh stations.

            49 CFR 771.117 d(l)     Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding
                                    shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing).

            49 CFR 771.117 d(2)     Highway Safety or traffic operations improvement projects including the installation of ramp
                                    metering control devices and lighting.

            49 CFR 771.117 d(3)     Bridge rehabilitation, reconstruction or replacement or the construction of grade separation to
                                    replace existing at-grade railroad crossings.

            49 CFR 771.117 d(4)     Transportation corridor fringe parking facilities.

            49 CFR 771.117 d(5)     Construction of new truck weigh stations or rest areas.

            49 CFR 771.117 d(6)     Approvals for disposal of right-of-way or for joint or limited use of right-of-way, where
                                    the proposed use does not have significant adverse impacts.

            49 CFR 771.117 d(7)     Approvals for changes in access control

            49 CFR 771.117 d(8)     Construction at new bus storage and maintenance facilities in areas used predominantly for
                                    industrial or transportation purposes where such construction is not consistent with existing
                                    zoning and located on or near a street with adequate capacity to handle anticipated bus and
                                    support vehicle traffic.

            49 CFR 771.117 d(9)     Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where
                                    only minor amount additional land are required and there is not a substantial increase in the
                                    number of users.

            49 CFR 771.117 d(1O)    Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding
                                    areas, kiosks and related street improvements) when located in a commercial area or other high
                                    activity center in which there is adequate a street capacity for projected bus traffic.

            49 CFR 771.117 d(l1)    Construction of rail storage and maintenance facilities in areas used predominantly for
                                    industrial or transportation purposes where such construction is not inconsistent with existing
                                    zoning and where there is no significant noise impact on the surrounding community.

            49 CFR 771.117 d(12)    Acquisition of land for hardship or protective purposes; advance land acquisition loans under
                                    3(b) of the UMT Act. (see 49 CFR 771.117 for additional information on this exclusion)


                                                                RB-SOP-93-01
                                                           Attachment E  Page 1 of 1 


















   0








                  APPENDIX C








                                                 DEPARTMENT OF THE ARMY
                                       CHARLESTON DISTRICT, CORPS OF ENGNEERS
                                                          -P. 0 BOX 919
                                                 CEARLESTON, SC 29402-0919



               RB-SOP-93-02
               Regulatory Brand - Standard Operating Procedure                                       5 January 1993

                              Compensatory Mitigation Plans for Nationwide Permits and Small Projects


               Table of Contents
                  1.  Applicability.
                  2.  Purpose.
                  3.  Other Guidance.
                  4.  Mitigation Equation.
                  S.  Mitigation Variance Approv&L
                  6.  Processing Procedures.
                  7.  General.
                  S.  Monitoring PIM
                  9.  Drawings.
                10.   Mitigation Banking.
                11.   Glossary.
                12.   Signatum Authority.
                13.   Authorizing Signature.

               1. Applicability. 7bis SOP is intended to be applied only to compensatory mitigation requirements for
               adverse ecological effects under Nationwide Permits and -other small projects where more rigorous,
               detailed studies (e.g., VEL HEP) we not considered practical or necessary. For the purposes of this
               SOP. small projects will be considered those with total adverse affects greater than one acre and less than
               ten acm. This SOP does not address mitigation for categories of effects other than ecological (e.g.,
               historic, cultural, aesthetic). Also. types of mitigation other than compensation (e.g., avoidance,
               minimization, reduction) are not addressed by this SOP. The guidance and procedures given herein are
               applicable to all such Department of the Army regulatory actions requiring mitigation plans in the State
               of South Carolina.

               2. PurpOSL 7be intent of this SOP is to provide a basic written framework which will provide
               predictability and consistency for the development, review, and approval of compensatory mitigation
               pWn. A key element of this SOP is the esublishment of a methodology for calculating mitigation
               credits. While this methodology is not intended for use as project design criteria, appropriate application
               of the methodology should minimize uncertainty In the development and approval of mitigation plans
               and allow expeditious review of applications. However, nothing in this SOP should be interpreted as a
               promise or guammee that a project which satisfies the criteria or guidelines given herein will be assured
               of a permit. Ile District Engh= (DE) has a responsibility to consider each prvject on a cast by case
               basis and may determine in any specific situation that authorization should be denied, modified@
               suspended, or revoked. 7bis SOP does not obviate or modify any requirements given in the 404(b)(1)
               Guidelines or other applicable documents regarding avoidance, sequencing, minimization, etc. Such
               requirements shall be evaluated during consideration of permit applications.

               3. Other Guidance. In addition to the policies and requirements set forth in this SOP for Department of
               the Army permits, there may be other guidance provided by State or Fedeml resource or permitting


                                                         RevieW Mpg. 2 M








                                                                                                             RB-SOP-93-02


                      agencies. For projecu impacting less than one acre of wetlands in the Cons"] Zone, the CoE vAll
                      routinely defer exclusively to any compensatory mitigation requirements approved by the South Carolina
                      Coastal Council (SCCC). Projects impacting more than one am of wetlands sill usually have to satisfy
                      the requiremenU of ft SOP in addition to any requirements imposed by SCCC. The policies and
                      regulations regarding mitigation at still evolving and it is possible that conflicting guidance may
                      occasionally be provided. Every effort has been made in the preparation of this SOP to minimize or
                      eliminate such discrepancies. If a significant conflict is discovered between this SOP and any other
                      relevant guidance regarding mitigation, the applicant should notify Charleston District's Regulatory
                      Branch of the conflict and request clarification before incorporating any such guidance into a proposed
                      plan.

                      4. Mitigation Equadon. When a mitigation plan is required, it wfll be evaluated by the following
                      formula. This formula is not intended to represent an exact or proven scientific methodology.,. Rather, it
                      is based on the judgment of regulatory staff and resource agencies. It is intended to establish a clear,
                      understandable, and consistent methodology for use by applicants and regulators. The definitions and
                      explanations for all values and factors. used in these equations are provided as Attachment; A and B. As
                      additional experience with this procedure is gain4 it is possible that the tables of factors will be
                      reviewed and adjusted. When using this equation always use the most recent approved edition of these
                      tables. Case specific worksheets we provided as Artachmex C and example cases demonstrating the
                      application of the mitigation formula are provided as Anachmen: D. Since there are a large number of
                      possible variations in proposed mitigation projects, it is not practicable to provide all possible worksheet
                      combinations. However, the attached worksheets should suffice for the majority of mitigation proposals.

                      For those who desire a deeper understanding of the procedure, the following discussion and details are
                      provided. Simply stated, the mitigation equation requires that for a mitigation proposal to be acceptable,
                      the Proposed Mitigation Credits (PMC).must be equallmor grater than the Required Mitigation Credits
                      (RMC). Further, the portion of the PMC resulting from Restoration, Creation, and/or Enhancement must
                      be at least 50016 of the RMC The mitigation credits for RMC and PMC are calculated using the values
                      and the Augors given in the artachm

                                                                PMC 2: RMC
                                                                      And.
                                                       PMC                          RMC
                                                                                 2
                                                                     wheM
                                                     PMC = Proposed Mitigation Credits
                                                     RMC = Required Mitigation Credits
                                   RMC         (R, x AA)                                        Ri = Zri

                                   PMC             x A)                                        Mi a      mi

                                  7be is Adverse Affects Ana                      Aj - Ile 16 Ara of Mitigation
                                  Adverse Affect Multiplier for AAS              K. - Mitigation Multiplier for A
                           r  - Adverse Affect Factor                             m - Mitigation Factor
                          N   - number of unique adverse affect areas              a - number of unique mftigation areas
                          k   - n=ba of &ctors under consideration


                                                                ZrvisW AMPS 2. IM
                                                                    hv2eflO







                                                                                                              RB-SOP-93-02


                   The RMC and PMC are each a Sunllllation'6f products. To calculate each product, one should first
                   evaluate the areas under consideration and lump similarareas. It is appropriate to lump adverse affects
                   arm (W. which involve the same adverse affect f&ctors (ri). Similarly, it is appropriate to I=p
                   mitigation areas (A) which involve the same mitigation Lactors (m). For example, if there are four
                   separate adverse affects areas but they are all to be filled, are all Type B wetlands, all fill will be
                   permanent, and all work has a low preventability rating then all four areas can be lumped into one total
                   arm for purposes of calculating the RMC. Such lumping is just for mathematical simplification and will
                   not affect the resulting calculations. The adverse affacts multipliers A.) for an area (AA) are calculated
                   by summing the applicable adverse affect f=ors; (r) selected from the- attached tables. Similarly,the
                   mitigation multipliers (K.) for a mitigation area (,4q) are calculated by surruning the applicable mitigation
                   factors (n* selected from the attached tables. The math -is much simpler than the explanation.

                   Each category of mitigation (Restoration, Creation, etc.) has it own table of &ctors which are used to
                   compute the credit multipliers for each unique mitigation area. Sample worksbeets -are provided for
                   documenting and comparing the calculated PMC with the calculated RMC. These worksheets may be
                   readily adapted for the computer.

                   S. Mitigation Variance Approval. The following formula and table establishes levels of authority for
                   approval of mitigation plans where the proposed mitigation is not in accord with the mitigation formula.
                   The mitigation variance shown in the table is the maximum variation which can be approved at the
                   indicated level. This allowance for variance is intended only for situations where the mitigation formula
                   is found to be uru=onable or otherwise not in the public interest. The Project Manager must document
                   the reasonsfor any approved variances.
                                        Mitigation Variance           Required - Proposed      X 100%
                                                                            Required


                                            mitievation Variance             Avoroval Authority

                                                   0-15%                       Projed Manager

                                                   15-3001*                      Swdon Chief


                                                  30 - 509A                      Bzanch Chief


                                                  over 50010                   District Engineer


                   6. Processing Procedures.

                   6. 1. Information required The following information will be required for consideration of a mitigation
                   proposal. Applicants am encottraged to provide the CoE multiple (at least 9) copies of proposals to
                   expedite agency notification. 71he CoE will review all proposals and the applicant will be advised who
                   additional information will be required to make the proposal adequate for consideration. The following
                   information requirements relate exclusively to review of mitigation proposals. Other information may be
                   needed as part of the CoE GenerAl Permit Notification process, Nationwide Permit Notification process,
                   or Individual Permit process. Those requirements are not addressed herein.
                   L Plans and detailed information regarding the work for which the mitigation is required.
                   b. Drawings in accordance with the requirements given in this SOP.


                                                               RreisW Aurm 2. IM
                                                                   hr 3 of to








                                                                                                                    RB-SOP-93-02


                           c. A proposed monitoring plan and a plan for documenting baseline conditions of the mitigation site.
                           d. Names, addresses, and phone numbers for a parties responsible for mitigation and monitoring.
                           e. A description of the existing conditions of all areas to be affected by the proposed mitigation.
                           f  A narrative discussion of the key elements of the proposed mitigation plan.
                           g. A schedule showing earliest start and latest completion dates for all significant activities.
                           h. A listing of measurable success IL-tors with quantifiable criteria for determining success.
                           L  Definitions for all success fiictors and other signifi=t terms used in the plan.
                           j. Description of the equipment, materials, and methods required for execution of the plan.
                           k. A management plan, if nwzssary, for any maintenance of the mitigation. (Note well Article 7.7)

                        6-2. Dimibutiott. Generally, complex mitigation proposals requiring bound or vola.-ninous information
                        shall not be distributed via public notice mailings in order to minimize reproduction and mailing costs,
                        For minor projeicts with mitigation proposals which are fully shown an a few pages, the Project Manager
                        may include the mitigation proposal with the public notice for the permit application. When the proposal
                        is distributed via the public notice it must be clearly labeled as the mitigation proposal.

                        7. General Guidelines. All mitigation must be designed in accordance with the following guidelines.
                        A mitigation area may not be given credits urider more than one mitigation category. For example, a
                        contiguous created wetland area donated to a conservancy organization with a deed restricted upland
                        butTer may be credited as either creation or enhancement or preservation but can only be credited as one
                        of the three allowable types.

                        7.1. PreservatibiL Such protection must include restrictive covenants or similar measures setting the
                        preserved areas aside in perpetuity as natural areas. 7be covenants must be duly recorded with the
                        appropriate local entity (Le., Clerk of Court, RMC, etc.). The covenants must declare that so
                        alterations such as clearing, gmbbing, cutting, draining, Ailing, etc@, can occur in these areas. The
                        applicant may contact Charleston District for sample language for the restrictive covenants. In the event
                        that these areas are conveyed to another organization (cg.. homeowners association) or if any parts of
                        these areas am sold to individuals, the preservation area must be clearly shown on the plat and defined in
                        appropriate documents utilized for that transaction. 7be permittee will be responsible for insuring that
                        each buyer is advised of the restrictions on the use of the property. In calculating mitigation credits ft
                        will not be allowed to prqvide a majority of the required mitigation thru preservation. At least 50% of
                        the required mitigation credit must be from restoration, creation, and/or enhancement

                        7.2. Buffer Zona. In order to assum that buffer zones serve the intended use in perpetuity, they should
                        be protected by restictive covenants or similar manures as stated in Section 7.1 above. Buffer zones
                        whicl: have acceptable resti ict ve covenants will qualify as preservation for the calculation of mitigation
                        credits. Buffers which do not have acceptable restrictive covenants Will not be Included or
                        considered In the calculation of mitigstloa credits. b genemL buffers should be of adequate width to
                        save the intended purpose. In calculating mitigation credits. only those portions satis@g the width
                        requirements given in the following table will be considered. Buffers which do not meet the mi i um
                        average width requirement will not be included in calculating mitigation credits. Buflers which exceed
                        the allowed maximum average width will be included in calculating credits, bum the calculation for such
                        areas shall be based on the allowed maximmn stated in the table and not on the actual width.









                                                                    Rwind AWM 2. IM
                                                                        PM46CIO









                                                                                                          RB-SOP-9302



                                             Buffer Zone Width Standards for Mitigation Credit
                                 Adjacent Land Use                   Minimum Average               Maximum Average
                                      Category                        Width in Feet                 Width in Feet
                              Single Family Residential                      35                            50
                              Multi-Family Residential                       50                            75
                                    Commercial                               75                            100
                                     Industrial                              75                            100
                                      Landfill                               75                            150


                  7.3. Enhancement. Except for the provisions stated below for buffering credits, proposed mitigation
                  plans for enhancement must include the following information:

                    a. An explanation of what values or functions are being enhanced and to what degree.
                    b. A narrative description of how the enhancement will be accomplished.

                  7.3.1. Enhancement by Buffering. When a proposed mitigation plan includes buffer zone(s) with
                  acceptable restrictive covenants which completely surround the perimeter of a special aquatic site, and
                  the surrounded site is also protected by acceptable restrictive covenants, then enhancement mitigation
                  credit will be allowed for the surrounded special aquatic site. When buffer zone(s) with acceptable
                  restrictive covenants partially surround a special aquatic site, and the aquatic site is protected by
                  acceptable restrictive covenants, then enhancement credit will be allowed for a portion of the aquatic site.
                  Such portion shall equal the area of the surrounding preservation buffer or the area of the special aquatic
                  site, whichever is less. The surrounding buffer zones(s) may not include any portion of the aquatic site.
                  That is to say, it is not allowed to designate a portion of the aquatic site as preservation buffer in order to
                  gain enhancement credit for the remaining area. The credited surrounding buffer zone must consist of
                  uplands. Any significant aquatic portions of the buffer zone will not be included in calculating
                  enhancement credits.

                  7.3.2. Enhancement of Lakes and Ponds. Enhancement of lakes or ponds will generally not be allowed
                  as compensatory mitigation for adverse impacts to vegetated wetlands. Credit may be allowed as
                  compensation for impacts to other open surface waterbodies if buffer zone(s) are established around the
                  perimeter of the lake or pond and the buffer zone(s) have acceptable restrictive covenants. Enhancement
                  credits for such buffered lakes and ponds shall be based an an area of the waterbody equal to the area of
                  the restricted buffer zone surrounding the waterbody. For example, if an 18 acre lake is partially or
                  totally surrounded by an acceptable 5 acre deed restricted buffer zone then enhancement credit will be
                  allowed for a five acre portion of the lake.

                  7.4. Creation. In designing creation mitigation, care should be taken to avoid the selection of high
                  quality upland habitat for conversion. Designers should use good judgment in selecting sites for wetland
                  creation. For example, a cut-over area or former agricultural field would be ecologically preferable to a
                  mature forested area as a candidate for alteration. Mature forested areas will generally not be approved as
                  suitable creation areas.

                  7.4.1. Creation of Lakes and Ponds. Creation of lakes or ponds may be allowed as compensation for
                  impacts to other open surface waterbodies. Creation of lakes or ponds will generally not be acceptable as
                  compensatory mitigation for adverse impacts to vegetated wetlands. However, it is understood that
                  created waterbodies may provide some valuable public interest factors such as storm water storage,


                                                           Reviewed August 2, 1993.
										   Page 5 of 10







                                                                                                                    RB-SOP-93-02


                       fisheries habitat, or ground water recharge. Therefore, in recognition of this counterbalancing effect, the
                       adverse affect factor for flooding has been made significantly lower than most other factors in its
                       category.

                       7.5. Location. Where practicable and feasible, mitigation should be on the project site and within the
                       same watershed as the area of adverse impacts for which the mitigation is required. Mitigation which
                       fails to meet this standard will always result in a lower credit calculated under the mitigation equation.

                       7.6. Scheduling. When practicable and feasible, all mitigation should be completed either prior to or
                       concurrent with the authorized activity. The preferred method is to complete mitigation prior to the
                       commencement of the permitted activity. However, it is recognized that because of equipment utilization
                       the permittee may need to perform the mitigation work concurrently with the overall project. This is
                       usually acceptable provided that the time lag between the alteration and mitigation is minimized and the
                       mitigation work is completed within one growing season of the commencement of the authorized
                       alteration. Justification must be provided for all schedules showing less than 50% completion of the
                       mitigation work prior to commencement of the permitted activity.

                       7.7. Maintenance. Mitigation plans which require periodic maintenance, management, or other human
                       intervention will usually not be acceptable to the COE. All mitigation areas should be designed to be
                       naturally sustaining following the completion of the mitigation. Care should be taken that hydrology is
                       adequately considered since plans requiring an energy subsidy (pumping, intensive management, etc.)
                       will normally not be acceptable.

                       7.8. Contingency Measures. For major mitigation projects, the plan must include contingency measures
                       specifying remediation procedures which will be followed should the success criteria or scheduled
                       performance criteria not be fully satisfied. The contingency measures must list the names, addresses, and
                       phone numbers of all parties responsible for the remediation. The contingency measures must provide
                       for an alternative mitigation location should the initial site prove unsuccessful.

                       8. Monitoring Plans. The applicant will be required to monitor the mitigation area for success and to
                       provide written reports describing the findings of the monitoring efforts. Such reports will normally
                       involve photographic documentation and information on species survival rates. Because of the many
                       variables involved, no specific standards are set forth as a part of this policy. Instead, a monitoring plan
                       must be submitted as a part of the mitigation proposal for review. All monitoring efforts should include,
                       as a minimum, quarterly reviews in the first year and annually thereafter. Samples of previously
                       submitted and approved monitoring plans will be made available upon request.

                       9. Drawings. Mitigation plans must include drawings in conformance with the following requirements.

                         a. Drawings must be provided on 8.5 x 11 inch or 8.5 x 14 inch paper. For major mitigation projects,
                       plans must also be submitted on paper sized no smaller than 18 x 24 inch and no greater than 30 x 42
                       inch. Drawings must be clear, readable, and reproducible on standard, non-color office copiers. Each
                       drawing sheet must include the following:

                            (1) an unused margin of no less than 1/2 inch and no greater than 2 inches;
                            (2) an appropriate graphic scale (where reasonable);
                            (3) all significant dimensions clearly indicated and annotated;
                            (4) title block with applicant's name, project title, site location, drawing date, and drawing number;
                            (5) a north arrow.



                                                                    Reviewed August 2, 1993
                                                                        Page 6 of 10








                                                                                                        RB-SOP-93-02


                  b. Location maps for the proposed activity must be included. Two maps are needed. A County road
                map and a US Geological Quad=gle map are recommended as sources. The location maps must show
                roads leading to the site and must include the name or number of these roads. The project latitude and
                longitude must be annotated on the maps. Each map must include a title block completed in accordance
                With 9.L(4).

                  c. Plan views of the proposed mitigation must be included. These drawings must show the general
                and specific site location and character of all proposed activities, including the relationship of all
                proposed work to all Waters of the United States in the vicinity of the projem

                  d. For all non-preservation mitigation areas, cross section views must be shown through each
                mitigation area depicting the existing ground contour and the proposed finished contorX.

                  e. All wetlandareas within the project boundaries (avoided, impacted, or mitigated) -must be shown.

                  f All verified wetland boundaries must be shown.

                  S. Mitigation area must be shown (enhancements, creations, restorations, etc.).

                  L A legend must be shown identifying each type of cross-hatching, shading, or other marking
                techniques Used.

                  i. A summary table indicating the quantity (area) of each category of impacted U. S. Waters (e.g.
                Carolina Bays, salt marsh, open surface river, etc.) and the quantity (area) of each category of mitigation
                must be shown on the drawinp.

                  j. Show the ordinary high wwer line of all affected *and all adjacent non-tidal open surf&=
                waterbodies.

                  L Show the mean high tide line and spring high tide line of all affected and all adjacent tidal
                wwerbodies.

                  L If the plan involves dredging in navigable waters, the drawings must include:
                    (1) The method of dmdging;
                    (2) The site and plans for disposal of the dredged material;
                    (3) A description of the type, composition and quantity of the material to be dredged.

                m. If the plan includes the discharge of dredged or fill material into Waters of the United States or the
                traWortation of dredged material, the drawings must inchuie:
                    (1) 7be source of the material;
                    (2) A description of the tyK composition and quantity of the materii];
                    (3) The method of transportation and disposal of the material;
                    (4) The location of the disposal SitL

                n. For mitigation plans which involve more than ten acra of cmation, restoration,           ent, or a
                combination thereof, verified topographic maps showing the contours and elevations of the completed
                mitigation area must be submitted. The verified drawings must show the locations of plantings, type of
                plantings, and all other strumm wd work which am a significant pan of the MitigatiOL


                                                         Rr4i@W AVOM 2. IM







                                                                                                                       RB-SOP-93-02


                        10. Mitigation Banking. Proposals involving mitigation banking must be in accordance with current
                        guidelines in use by the Corps of Engineers. While this SOP does not provide guidelines for mitigation
                        banking, it should be apparent that such measures could easily be added at some point in the future.
                        Applicants should request a copy of the most recent guidelines regarding mitigation banking before
                        developing proposals involving mitigation banking.

                        11. Glossary. The acronyms, abbreviations, and terms used in this document are in accordance with the
                        definitions given in Charleston District Regulatory Branch's SOP titled Terminology and Definitions.
                        For the purposes of this SOP, certain additional terms are defined in the attachments and as follows:

                        Adverse effects as used in this SOP means any adverse ecological effect on Waters of the United States
                        including all filling, excavating, flooding, draining, clearing, or similar changes affecting U. S. Waters.
                        Other categories of effects such as aesthetic, cultural, historic, health, etc., are not addressed by this SOP.

                        Buffer zone means an area designed to separate. As used in this SOP it refers to a defined area intended
                        to separate and protect an aquatic area from upland development or adverse effects. If the buffer zone is
                        protected by suitable restrictive covenants or similar measures then it may qualify as preservation in the
                        calculation of mitigation credits.

                        Compensatory mitigation means compensating for the adverse effects by replacing or providing
                        substitute resources or environments. Categories of compensatory mitigation for ecological effects
                        include creation, restoration, enhancement, and preservation.

                        Effect is defined by Webster to mean something that inevitably follows an antecedent (as a cause or
                        agent). The Council on Environmental Quality (CEQ) has defined at 40 CFR Part 1508.8 that the words
                        impacts and effects are synonymous and that effects includes ecological, aesthetic, historic, cultural,
                        economic, social, or health, whether direct, indirect, or cumulative. Further, the CEQ stated that effects
                        include:

                          a. Direct effects, which are caused by the action and occur at the same time and place.
                          b. Indirect effects, which are caused by the action and are later in time or farther removed in distance,
                        but are still reasonably foreseeable.

                        This SOP is limited to evaluation of compensatory mitigation plans for adverse ecological effects.
                        Mitigation for other categories of effects (e.g., historic, cultural, aesthetic) is not addressed in this SOP.

                        Mitigate, as defined by Webster, means to cause to become less harsh or hostile, or to make less severe.
                        The Council on Environmental Quality has defined at 40 CFR Part 1508.20 that mitigation includes the
                        following:

                          a. Avoiding the impact altogether by not taking a certain action or parts of an action.

                          b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

                          c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

                          d. Reducing or eliminating the impact over time by preservation and maintenance operations during
                        the life of the action.

                          e. Compensating for the impact by replacing or providing substitute resources or environments.


                                                                     Review August 2, 1993 
                                                                          Page 8 of 10







                                                                RB-SOP-93-02


          This SOP is limited to evaluation of compensatory mitigation plans for adverse ecological effects.
          Categories of mitigation other than compensation (e.g., avoidance, minimization, reduction) am not
          addressed by this SOP. Normally, before compensatory mitigation is considered, other categories of
          mitigation should be evaluated consistent with the sequencing requirements of the MOA between the
          CoE and EPA.

          Special aquatic sites means wetlands, mud flats, vegetated shallows, coral reefs, riffle and pool
          complexes, sanctuaries, and refuges as defted at 40 CFR 230.40 thru 230.45.

          YhreshoLd means the level, point, or value above which something is true or will take place and below
          which it is not true or will not take place. For the purposes of this SOP, the threshold-, given herein are
          considered to be the level of adverse impacts caused by the proposed project above w';jch the project fails
          to meet the conditions, limitations, restrictions,w other requirements specified in relevant laws or
          regulations.

          Acron=!t and Abbreviations,
          CoE    Corps of Engineers
          DE     District Engineer
          DHEC   S. C. Dept. of Health and Environmental Control
          EPA    U. S. Environmental Protection Agency
          FWS    U. S. Fish and Wildlife Service
          MOA    Memorandum of Agreement
          NUFS   National Marine Fisheries Service
          NWP    Nationwide Permit
          SAC    South Atlantic Division, Charleston District
          SCCC   S. C. Coastal Council
          SOP .  Standard Operating Procedure
          WMRD   S. C. Wildlife and Marine Resources DepL
          WRC    S. C. Water Resources Co ission

          12. Signature Authority. All letters regarding Mitigation Plans subject to this SOP will be signed at
          the appropriate authority level indicated below. Any letters which do not fall into one of the categories
          listed below shall be signed by the District Engineer or his designaled.representative.

          12. 1. Aoutine Actions. The following categories of letters regarding projects subject to this SOP are
          cowidered routine actions and may be signed by Pmject Managers except that any letter falling into a
          category listed under Articles 12.2 or 123, shall be signed by the authority level indicated in that article.
          a. Letters responding to requests for information.
          b. Letters responding to requests for delineations or verification of delineations.
          c. Letters requesting additional information from applicants

          121- SkandardActions. 71he following categories of letters regarding projects subject to this SOP am
          considered standard actions and will be signed by the Chief of the Permits Processing Section except that
          any letter falling into a category listed under Articles 12.1 or 12.3, shall be siped by the authority level
          indicated in that article.
          & Letters approving any mitigation plan.
          b. Letters resolving any enforcement &CIi0L



                                    Reviod AUVM 2. M







                                                                                                                   RB-SOP-93-02


                        12.3. SpecialActions. The following categdries of letters regarding projects subject to this SOP are
                        considered special actions and will be signed at the authority level indicated below.
                          & All letters of denial or disapproval shall be signed by the District Engineer or his designated
                        representative.

                          b. All letters authorizing or approving a mitigation plan after any resource agency has recommended
                        that the mitigation plan be disapproved shall be signed by the District Engineer or his designated
                        representative.

                          c. All letters imposing special conditions regarding a mitigation plan or modifications to a mitigation
                        plan which the applicant has not agreed to shall be signed by the District Engineer or his designated
                        representative.

                          d. All letters authorizing or approving a mitigation plan when the calculated proposed mitigation
                        credits are less than the calculated required mitigation credits shall be signed at the level authorized in
                        Article 5 of this SOP.

                          e. All letters authorizing or approving a mitigation plan when the proposed plan deviates significantly
                        from the policies and guidance given in this SOP, excluding variances covered in 12.3.d. above, shall be
                        signed by the District Engineer or his designated representative.

                        13. Authorizing Signature. By the signature given below, this SOP is authorized as official policy of
                        the Charleston District Regulatory Branch.


                                                                                                 Clarence A. Ham. Chief
                                                                                                Regulatory Branch
                                                                                                Charleston District





























                                                                   RMOW AUI":. M
                                                                       PW 10 Gric









                                                Definitions and Explanations of Adverse Affects Factors


                           Adverse Affects Factors                                          Options

                                                              Fill        Drain       Dredge      Flood        Clear        Shade
                       Dominant Effect                        2.0          1.8         1.6         1.4          1.2          1.0
                       
			     Lost  Values                          Type A       Type B       Type C     Type D      Type E       Type F
                                                              2.0           1.8         1.6        1.4          1.2          0.5    

                       Duration of Effects                   2+ yr.       1-2 yr.      0-1 yr.    Seasonal
                                                              1.0           0.5         0.2          0.1

                       Preventability                        High         Medium        Low
                                                              2.0           1.0	     0 




              Clear means to remove unwanted growth or items.

              Draining means any ditching, channelization, or excavation that results in the removal of water from an aquatic area causing
              the area or a portion of the aquatic area, to change over time to a non-aquatic area or to a different type of aquatic area.

              Dredge means to dig, gather, pull out, or excavate from U S. waters.

              Fill material means any material used for the primary purpose of replacing an aquatic area with dry land or of changing the
              bottom elevation of a waterbody. The term does not include pollutants discharged primarily to dispose of waste.

              Flood means to cover with an open-surface waterbody such as a lake or pond.

              Lost Value categories are defined as follows:

                  Type A      a. Swamps/Floodplains - Oak/Red Maple/Sweet Gum Dominated - PFOIC & wetter.
                              b. Pocosin/Carolina Bays.
                              c. All Emergent Marshes.

                  Type B      Consists of Value Type A areas which have been heavily disturbed, by legal activities in the distant past.

                  Type C      a. Swamps/Floodplains/Flats - Oak/Maple/Sweetgum Dominated - PFO/PSSIA.
                              b. Pond pine/pitcher plant flats/savannahs.

                  Type D       Consists of Value Type C areas which have been heavily disturbed, by legal activities in the distant past.

                  Type E       a. Pine flatwoods - planted or natural - loblolly/slash pine dominated
                               b. Naturalized borrow pits.

                  Type F       All other habitat types not categorized above.

              Preventability is a subjective measurement of the degree to which the adverse effects could be prevented. Note well Article 2
              of this SOP. This factor is intended primarily for Nationwide Permit mitigation. All Individual Permits must satisfy the
              404(b)(1) guidelines regarding avoidance, minimization, etc. Preventability levels are defined as follows:

               a. High means there may be practicable, less damaging alternatives that satisfy the purpose of the project.
               b. Medium means there may be alternatives but it is unclear if they satisfy the project purpose or if they are practicable.
               c. Low means there are no known alternatives which satisfy the purpose, are practicable, and are less damaging.

              Seasonal means that the adverse affects are limited to times outside of applicable nesting, breeding, or growing periods.

              Shading means to shelter or screen by intercepting radiated light or heat.




                                                                        RB-SOP-93-02
                                                                  Attachment A   Page 1 of 1






                                                Definitions and Explanations of Mitigation Factors

             Control means the responsible party to which the preserved area is deeded. Related terms are:

               a. Private means a private individual or business enterprise.
               b. POA means a property owners association or other similar, formally chartered, non-profit organization.
               c. Conservancy means a qualified, experienced, and reputable non-profit conservation organization.

             Creation of wetlands means the conversion of non-wetland habitat to wetland habitat. Wetland creation usually includes
             grading, providing a suitable substrate and establishment of appropriate vegetation.

             Enhancement means increasing or improving one or more of the functions or values of an existing aquatic area.

             Hydrology, as used in this SOP, means the properties, distribution, and circulation of water on the surface of the land, in the
             soil and underlying rocks. Related terms include:

              a. Natural hydrology means the areas hydrology as it existed prior to the actions of modem man. Hydrology which has
             been restored to its natural state qualifies as natural hydrology. Examples of such restoration include filling ditches which
             drain the area or removing berms which prevent inundation.

              b. Created hydrology means the permanent manipulation of the topography of the area resulting in an ecologically
             significant change in the hydrology of the area.

              c. Mechanical hydrology means the employment of mechanical methods (e.g., pumps) to supply water to an area thereby
             causing an ecologically significant change in the hydrology of the area. (Caution - note well Article 7.7 of this SOP)

             In-kind Mitigation means the replacement of the impacted aquatic site with one of the same plant community type (same
             species composition). However, if the new ecosystem is one which is generally regarded to be of higher value than the
             impacted ecosystem then the mitigation is considered in-kind for purposes of calculating mitigation credits. For example, if a
             wooded swamp habitat is to be filled or altered and it is replaced by restoration of a cleared and drained former wooded
             swamp area, this would constitute in-kind restoration.

             Location means the site at which the mitigation will be performed. Related terms include:

              a. On Site means within the project boundaries and the impacted watershed.
              b. Inside means within the impacted watershed.
              c. Outside means outside of the impacted watershed.

             Maintenance means any planned, expected, or required manipulation or action after completion of the monitoring period
             which is necessary to achieve the mitigation goal. Remedial or planned work during the monitoring period is not considered
             maintenance but is rather just a part of the mitigation work. Minimal (low level) maintenance includes weeding or removal
             of unwanted pest species. Moderate maintenance includes some replanting of the desired vegetation (<10% of the planted
             species). High level maintenance includes significant replanting (>10% of plantings), addition of soils, hydrology
             manipulation, or other actions. (Caution - note well Article 7.7 af this SOP)

             Monitoring means the collection of field data to measure the success of a mitigation at restoration effort. It usually includes
             analysis of the data, and submittal of a comprehensive report containing the data, analyses, and a narrative discussion of the
             findings and conclusions.

             Net improvement is a subjective evaluation by the Corp of the net level of enhancement of all affected functions and values of
             an aquatic site. Adverse effects, if any, caused by the enhancement must be considered in determining the net improvement.

             Out-of-kind Mitigation means the replacement of an impacted aquatic site with one of a different plant community type
             (different species composition). However, if the new ecosystem is one which is generally regarded to be of higher value than
             the impacted ecosystem then the mitigation is considered in-kind for purposes of calculating mitigation credits. For example,
             if a wooded swamp habitat is to be filled or altered and the mitigation consists of grading an area and planting it in
             freshwater emergent marsh species, this would be out-of-kind.

                                                                    RB-SOP-93-02
                                                               Attachment B  Page 1 of 2



Definitions and Explanations of Mitigation Factors



Preservation means the conservation of an area to prevent its exploitation or destruction. In order to qualify for mitigation
credit, all preservation areas must comply with the requirements of Article 7.1.

Restoration means actions taken to correct previous alterations which have either destroyed or seriously impaired the values
and functions of an aquatic area. An example of restoration is the hydrological alteration followed by the planting of
appropriate wetland vegetation in a bottomland hardwood area that had previously been converted to another use, such as
agriculture or silviculture.

Soil means the upper layer of earth which may be dug or plowed and in which plants grow. Related terms include:

  a. Existing Suitable Soil (E. S. S.) means the appropriate use of soils existing at the mitigation site or contiguous with the
site and which have been determined to be of a proper type for the proposed mitigation.

  b. Transferred Suitable Soil (T. S. S.) means the appropriate use of soils imported to the mitigation site from a non-
contiguous location which have been determined to be of a proper type for the proposed mitigation.

  c. Unknown Suitability Soil (U. S. S.) means use of a soil type or source that is of unproven or uncertain suitability for the
proposed mitigation.

Timing means the point in time when the mitigation will be performed. Related terms include:

  a. Prior means before the permitted impact occurs.
  b. Concurrent means at the same time as the permitted impact.
  c. After means subsequent to the permitted impact.

Vegetation means the plant material within a defined area. Related terms used in this SOP include:

  a. Transplanted means using natural vegetation from a site similar to the proposed completed mitigation site.
  b. Nursery vegetation means the use of nursery stock.
  c. Natural vegetation involves no planting and allows spontaneous revegetation.




RB-SOP-93-02
Attachment B  Page 2 of 2











                                                                            Worksheet for Calculating
                                                                         Required Mitigation Credits





                                                                    Table of Adverse Affect Factors

                               Factors                                                              Options
                                                          Fill           Drain            Dredge            Flood              Clear            Shade
                         Dorniunt Effea                   2.0               1.8              1.6               1.4               1.2              1.0
                                                       Type A            Type B           Type C            Type D           Type E            Type F
                            Loa Values                    2.0               I's              1.6               1.4               1.2              0.5

                                                                                                                                                 ..... ........-
                                                        2+ yr.           1-2 yr.          0-1 yr.          Scasonal
                       Duration of Effects                1.0               0.5      1      0.2    --A         0.1
                                                        lush
                                                                                           IAIW
                          Preventability                  2.0           M916010M             0
                         See Anwlnm= A for defudums and clarificatim




                                                                         Required Mitigation Credits
                                       Dommant              LAA             Dursuan       pm=tability          sum of             Ama             R x AA
                                         Effect           Values            OfEmect                            r Fmctm          of Imp=
                       Arm I                                                                                R, w             AAI   a

                       Arm 2                                                                                R2 -             A.4-2 =

                       Arm 3                                                                                P-3 -            AL43 a

                       Arm 4                                                                                R4 -             14.%n

                       Arm 5                                                                                R5 =             AAS a

                       Arm 6                                                                                P-4 a            AA6 a

                       Ares 7


                       Area 2                                                                               Rg -             .4,4110

                       Area 9                                                                               R9 a             A.49
                       Area 10   A                                                                          RIO              AA10
                                                      Total Required Credits                  Sum Of all (it x AN - I

                                                                                                                            TraWer to Row A an Shad 6.












                                                                            muhm" C hP I Qf6







                                                                            Worimhev for Calculating
                                                                           Crmdon Mitigation Credits

                                                                    Table of Creation Mitigation Factors

                                               Factors                                          Options

                                                                                    Lake Or Pmd
                                                                                                                 ind           in
                                                                                                       Out Orr,                Kmd
                                                Kind
                                                                                                            0.3                0.6
                                                               .. ......... .....                           I=de               On Site
                                                                                      OuLudic
                                        Dominant T =tion
                                                                                                            0.4                0.5
                                                                                                         CMCWTM                Prior
                                                                                       Afka
                                              Timing                                     02                 0.3                0.4
                                                soils                N. A.
                                                                       o                 0                  0.1                0-2
                                                                     N. A.          mechawcal            Creaw                 Nvural
                                             HydroloV                  0                 0                  01                 0.3
                                                                     N. A.            NauuW              Nwiery            TMLIPIMU
                                            Vegetation                 0                0.1                 0.2                0.3
                                                                     N. A.           1-2 Years          2-5 Yan            5+ Years
                                            Monitoring                 0                0.2                 0.3                0.4
                                                                     N. A.           Nfadcmte               LOW                Nme
                                                                       0        1        0          1       0.1       F        0.4

                                      See Anachment B for defmitions and clarificatiaL                             N. A-  Not Applicable

                                                                                    Creation Miagation Credits

                                                          Area I         Ana 2          Arta 3         Ara 4          Area 5         Area 6


                                       Kind




                                      Timing

                                        Soils


                                    HydroloZy

                                    Vegetation

                                    Monitoring

                                   Maintenonce


                                Sum of m FACtors MI                                  )A3            X4             US

                                 Nfitigation Ana      A,              A2             A3             A4             AS             A6

                                     MxA-



                                               ToW C=don Credits**                    Sum af &H (M x A)

                                                                                                                   Trader to Raw B an Shw 6.





                                                                                  RB-Sor-nc
                                                                             Anaduma C hP 2 Qf6








                                                                            Worksheet for Calculating
                                                                          RMOMLion Mtiption Credits

                                                                  Table of Restoration Mtiption Factors
                                            @actors                                                Options

                                                                                                            Out of Xind            In Kind
                                             Kind
                                                                                                                0.4                   0.7
                                                                                        Outside                 inside             On Site
                                                        on
                                    J>ornimnt T j=IJ                                        0.4                 0.5                   0.6
                                                                                                            Concurrent              Prior
                                                                                          Afta
                                            Timing
                                                                                                                0.4
                                                              ..........                    0.3                                       0.5
                                             soils                  N. A.               u S. S.                 T. S. S.           F- S. S.
                                                                          0                 0.1                 01                    (1.3
                                          Hydrology                 N. A.              Mechanical               Created            Nimal
                                                                          0                 0                   0.3                   0.5
                                                                    N. A.               Narmal                  Nmery            Trow1w
                                          Vegetation                      0            01                       0.3                @ 0.4
                                          Monitoring                N. A.              1.2 Yem              2.5 yea$              5+ YOM
                                                                          0                 0.3                 0.4                   0.5
                                                                    N. A.              Made=                    LOW                 None
                                                                          0                 0                   0.1         1         0.5

                                       See An-h-t B for definitions =W ckrification.                                    N. A.    Not Applicable

                                                                                    Restoration Nfitigation Credits

                                                        Area I            Area 2          Area 3            Arm 4           Area 5          Ara 6


                                     Kind


                                 T =t*oa


                                   Timing

                                     soils


                                 Hydrology

                                 Vegetation

                                 Monitoring


                               Maintenance


                            Sum of m Factors M,                        M2                               M4              ms

                            bfitigation Ares          A,               A2              A3               A4              AS               A,6

                                  MxAw             I


                                          Total Restoration Credits                    Sum of all (M x A)


                                                                                                                       Transfer to Row C an Sheet 6.




                                                                                    18".9342
                                                                              Anmdw@ C ftpe 3 of6







                                                                  Workshat for Calailating
                                                               Enhancement MiLiption Credits


                                                        Table of Enhancement Mitiption Factors

                                        Factors                                     options

                                                                 '0                                          In Kind
                                                                                           Oui of Kind
                                         Kind
                                                                                              0.2              0.5
                                                                                              T"si,4         On Site
                                                                           Outside
                                            7 =tion-
                                  Dominant
                                                                                              0.3              0.4
                                                                             0.2
                                                                             After         Concurrent         ga-r
                                        Timing
                                                                             01
                                                                                              0.2              0.3
                                                            N. AL            LOW           Moderm             RAgh
                                   Net Improvements           0              0.1              o.3              0.5
                                      Wnitoring          0-1 Years        1-2 Yon          2.5 Years        5+ Years
                                                             0               0.1              0.2              0.3
                                     Maintenance           N. A.          modem               LOW             None
                                                             0                0               0.1              0.3
                                       See Anwh=t B for derwitious and clatificaticIL               N. A. Not Applicable


                                                                       Enhancement Mitigation Credits

                                                  Area I       An* 2         Ares 3        Ana 4       Area 5        Area 6


                                  Kind


                                 L=adon
                                  Mudw                                                                                         1
                            Net Improve=

                               ?&nitchng

                              hbintenance


                           Sm of in Facm M1                               M3            M4

                            blitigation An* Ai               -42          A3           A40           As a          A60
                                 MxA-         I                                                     I              I          -i
                                    TOW r-uh.womt Cnditj                  Sum af all (M x A) - I                               I
                                                                                                  Tnwfcr w Raw D an Shad 6.











                                                                        RB-SOP-93-02
                                                                   Aasdmm C hp 4 off








                                                               Worksheet for Calculating
                                                            Preservgtion Mtiption Credits



                                                     Table of Preservation Mtiption Factors
                                            Factors                               Options
                                             Kind             Out of Y..uW      Buffer Zone         In Kind
                                                                   0.1              0.2               0.4
                                      Dominant L=ation           Outside           Inside           On Site
                                                                   0.1              0.2               0.3
                                            Timing               After          Concurrent           Prior
                                                                   0.1              0.2       1       0.
                                            control              Private           POA           Comrvancy
                                                           1       0.1              0.3               0.5
                                        See Attachment B for derinitims and dwificaLim










                                                                     Preservation Nfitiption Credits

                                              Area I        Area 2        Area 3         Area 4        Arta 5         Area 6


                            Kind


                          L=tion


                           Timing

                           Control


                     Sum of m Factors Mi                  M2                           X4

                      Mtiption Area        A,             A,            A3             A4           AS             Af

                          MxA-



                                Total Preservadon Credits               Sum of An (M x A)

                                                                                                    Truder to Raw F an shut 6.













                                                                Madsoft C ftV I off








                                                                  Summary Worksheet for
                                                                     lAitigation Credits




                                                                                                      Credits          Totals


                          A                        Required Ntigation Credit

                          B                      Wisation Cndits by Creation

                          C                     Wtigation Credits by Restoration

                          D                    Mtigation Credits by Pnh2ncg=

                          E            Non-Preservation Nfitiption Credits    B + C + D

                          F                    Mitigation Credits by Preservation

                          G                Total Proposed hfitiption Credits   E + F




                   Tk total Nlitigation Credits (Row G) should be equal to or greater than the total Required Ntigation Credits (Row A) for
                   the proposed mitigation to be acceptable. The other requirements Om in the SOP must also be urisfied, e.g., Row E
                   must be at Lew 50% of Row A. drawings must be in accordance with Artick 9 of the SOP. etc.

                   Ir the answer to either of the quesdons below is no, then the pn*osed mix and/or qwuuity of ntitigadon, is not acceptable
                   wW tht plan should be revised or rejected, unlecs a van&= is appromid in accordance with Article 5 of this SOP.



                                                                                                 Yes          No

                                                         PMC z MW
                                                           or in vmrds
                                            Is Row G greaw than or equal to Row A ?

                                                  pmq4w.@@               RMC
                                                           or in VM16
                                        Is Row E Vwer than or equal-to 50% ofRow A 7















                                                                   ANAdkoft C ftP 6 Ou


Sample Case #1
The proposed activity includes clearing and direct fill of 1 acre of Type C forested wetlands for construction of a dam,
clearing and innundation of 6 acres of Type C forested wetlands, and the construction of permanent access roads over 0.5
acres of Type D forested wetlands. The purpose of the project is to provide a reservoir for fir protection and recreation
for a private residence. The applicant proposes to provide mitigation by restorion and preservation. The proposed
mitigation consists of restoring 9.5 acres of drained, cleared silvicultural land to its natural state of forested wetlands and
preservation of 3.5 acres of Carolina Bays by donation to a qualified conservancy. The plan includes a 3 year monitoring
plan, restoration of the natural hydrology by filling drainage ditches, and transplanting vegetation from the impacted area
to the restoration area. No maintenance will be required after the mitigation plan has been completed. The restoration
site is adjacent to the proposed innundated area and the mitigation will be done concurrently with the proposed activity.

						Required Mitigation Credits

		Dominant	Lost	    Duration	Preventability	Sum	  Impact Area	 Product
		 Effect	Values    of Effect				 R		AA		 R x AA
Area 1	  2.0		 1.6		1.0		     1.0		5.6		1.0		   5.6
Area 2	  1.4		 1.6		1.0		     1.0		5.0		6.0	         30
Area 3	  2.0		 1.4		1.0		     0.0		4.4		0.5		   2.2
											Total Required Credit = 37.8


Restoration Mitigation Credits				Preservation Mitigation Credits

Kind				0.7					Kind				0.1
Location			0.6					Location			0.2
Timing			0.4					Timing			0.3
Soils				0.2					Control			0.5
Hydrology			0.5					M = Sum of Factors	1.1
Vegetation			0.4					A = Mitigation Area	3.5
Monitoring			0.4					Credits = M x A	     3.85
Maintenance			0.5
M = Sum of Factors	3.7					    Summary of Mitigation Credits
A = Mitigation Area	9.5					Mitigation Category	Mitigation Credits
Credits = M x A	     35.15					Preservation			3.85
									Restoration			     35.15
									     Total Credits		39.0

PMC   RMC								PMC              1/2 RMC
39.0   37.8								        35.15    18.9


Since the Total Proposed Mitigation Credits (39.0) are greater than the Total Required Mitigation Credits (37.8), and the
credits for restoration are more than 1/2 of the required credits, the quantity and mix of mitigation is acceptable. The
Project Manager must also review the other aspects of the mitigation plan to assure that it is in compliance with the
general guidelines for mitigation.


RB-SOP-93-02
Attachment D   Page 1 of 2




Sample Case #2
The proposed activity is construction of a road which crosses several wetland systems above the headwaters. The work
will require landclearing and filling of 5 acres of Type C wetlands and 4 acres of Type E wetlands. The purpose of the
project is to provide a public access roadway. The applicant proposes to provide mitigation by creation and preservation.
The proposed mitigation consists of creating 16.4 acres of forested wetlands and preservation of 5 acres of emergent
wetlands by donation to a qualified conservancy. The plan includes a 4 year monitoring plan, created hydrology by
grading, and transplanting vegetation from the impacted area to the creation area. No maintenance will be required after
the mitigation plan has been completed. The creation site is adjacent to the proposed filled area and the mitigation work
will be done concurrently with the proposed activity.

						Required Mitigation Credits
		Dominant	Lost		Duration	Preventability	Sum	Impact Area		Product
	 	 Effect	Values	of Effect				 R.	    AA		 R x AA
Area 1	  2.0		 1.6		  1.0			1.0		5.6	    5.0		   28.0
Area 2	  2.0		 1.2		  1.0			1.0		5.2	    4.0		   20.8
										     Total Required Credits = 48.8



Creation Mitigation Credits					Preservation Mitigation Credits
Kind				0.6					Kind				0.1
Location			0.5					Location			0.2
Timing			0.3					Timing			0.2
Soils				0.2					Control			0.5
Hydrology			0.2					M = Sum of Factors	1.0
Vegetation			0.3					A = Mitigation Area	5.0
Monitoring			0.3					Credits = M x A		5.0
Maintenance			0.4	
M = Sum of Factors	2.8					Summary of Mitigation Credits
A = Mitigation Area    16.4					Mitigation Category	Mitigation Credits
Credits = M x A	     45.92					Preservation			5.0
									Creation			     45.92
										Total Credits	     50.92


PMC     RMC									PMC             1/2 RMC
50.92   48.8									45.92    24.4

Since the Total Proposed Mitigation Credits (50.92) are greater than the Total Required Mitigation Credits (48.8), and the
credits for creation are more than 1/2 of the required credits, the quantity and mix of mitigation is acceptable. The Project
Manager must also review the other aspects of the mitigation plan to assure that it is in compliance with the general
guidelines for mitigation.	



RB-SOP-93-02
Attachment D   Page 2 of 2


















              APPENDIX D










                                    Guidelines and
                                    standards for
                                    archaeological
                                    iLnvestigations

















                                    State Historic Preservation Office
                                     Review and Compliance Branch
                                     South Carolina Department of
                                         Archives and History
                                             P. 0. Box 11669
                                               Columbia
                                       South Carolina 29211-1669
                                             (803) 734-8609












                                     Contents


                                     Introduction
                  AW                 2 Federal legislation
                  f-
                                     4 South Carolina legislation


                                     The environmental review and Section 106 process

                                     7   Project review
                                     10    Recommended actions
                                     11  Evaluate properties
                                     11  Assess effects -
                                     11    Federal undertakings
                                     13    State projects
                                     13  Treatment of archaeological properties
                                     14    Avoidance
                                     14    Protection/Stabilization
                                     14    Data mcovery
                                     14 summary


                                     Standards for archaeological survey and data recovery

                                     16  Research design
                                     17  Documentary research
                                     18  Field methods: survey
                                     19    :dentification
                                     19      Site potential
                                     20      Shovel testing
                                     21      Deep te@
                                     22      Sites












                                Contents


                                22      Structures
                                22    Assessment
               AW               23      Mapping
                                24      Surface collection
                                24      Shovel testing
                                24      Formal excavation units
                                26   Eligibility
                                27 Field methods: site testing
                                28 Field methods: data recovery
                                29 Labor-atory methods


                                Reporting results

                                31             t summaries
                                33 Survey reports
                                34 Site testing and data recovery reports
                                34 Criteria for report evaluation



                                Personnel

                                37 Archaeology
                                37 ArchitecUuml history
                                38 History



                                39 References cited







                 Guidelines and standards for archaeological investigations




                                          Introduction
                                          This Guidelines and Standards has been designed as a
                                          framework for archaeological fieldwork and reporting in the
                                          state of South Carolina. It supplies an unambiguous set of
                                          minimum standards, which project archaeologists, adminis-
                                          trators, and other interested parties can use to prepare
                                          reports and case studies like those initiated or conditioned by
                                          Section 106 of the National Historic Preservation Act of 1966,
                                          as amended.
                                            Dr. Linda France Stine authored the initial draft of this
                                          Guidelines and Standards. The South Carolina State His-
                                          toric Preservation Office (SHPO) offered the draft for review
                                          by the state archaeologist at the South Carolina Institute of
                                          Archaeology and Anthropology, the National Park Service,
                                          the Advisory Council on Historic Preservation, the US Forest
                                          Service, the US Army Corps of Engineers, the South Carolina
                                          Department of Highways and Public Transportation, the
                                          Charleston Museum, the Chicora Foundation, the Council of
                                          South Carolina Professional Archaeologists, various State
                                          Historic Preservation Offices, and others. Staff archaeologists
                                          Lee Tippett and Charlie HaH then used the comments the
                                          office received during the review period to revise and edit the
                                          draft and produce this final version. The SHPO gratefully
                                          acknowledges all who made suggestions and comments. It
                                          welcomes further public comment and will use those com-
                                          ments when it periodically reviews and revises the publica-
                                          tion.
                                            If you have any questions about these Guidelines and
                                          Standards or about archaeology in South Carolina, please
                                          call the SHPO staff archaeologists at (803) 734-8609.

                                          Federal legislation and regulations
                          The South       The following pieces of federal legislation created the need
                            Carolina      and the legal mandates for the work of the South Carolina
                                SHPO      SHPO: the National Historic Preservation Act of 1966 (as
                                          amended), Executive Order 11593, the National Environ-
                                          mental Policy Act of 1966, and the regulations promulgated
                                          by the Department of the Interior (36 CFR 60, 36 CFR 63,




                 2







                                                     Guidelines and standards for archaeological investigations




                 and 36 CFR 66) and the Advisory Council on Historic Preserva-
                 tion (36 CFR 800).
                   The South Carolina SHPO was created in 1969 to implement
                 the statewide preservation program described by Section 101 of
                 the National Historic Preservation Act. 36 CFR 61.2 outlines the
                 SHPO's responsibility for the development of that program. In
                 addition, under the regulations of the Advisory Council on His-
                 toric Preservation that govern the Section 106 review system, the
                 SHPO is requir-ed to partcapate in the review process by consider-
                 ing and commenting on the effect that federal or federally-ftinded,
                 -licensed, or -assisted. projects will have on all historic and prehis-
                 toric sites, districts, buildings, structures, and objects that are
                 judged worthy of inclusion in the National Register of Historic
                 Places (NRHP).

                 36 CFR 60.4 describes the National Register criteria and says,       National register
                 "Me quality of significance in American history, architecture,       criteria
                 archaeology, engineering, and culture is present in districts, sites,
                 buildings, structures, and objects that possess integrity of loca-
                 tion, design, setting, materials, worimumship feeling, and associa-
                 tion and
                 a. that are associated with events that have made a
                    significant contribution to the broad patterns of our
                    history-, or
                 b. that are assomated with the lives of persons
                    significant in our past; or
                 c. that embody the distinctive characteristics of a
                    t3W, period, or method of consbuction or that
                    represent the work of a master, or that possess
                    high artistic values, or that represent a significant
                    and   .stnguishable entity whose components may
                    lack individual distinction; or
                 d. that have yielded, or may be likely to yield,
                    information important in prehistory or history."

                 Section 106 of the National Historic Preservation Act reqt&es        The Section 106
                 federal agencies to review the effect ther actions may have on       process
                 historic properties that are listed in or eligible for the NRHP.
                 Review procedures Mowed are referred to as "the Section 106




                                                                                                            3







                   Guidelines and standards for archaeological investigations




                                               process" and are set forth in the regulations issued by the Ad,6-
                                               sory Council on Historic Preservation (36 CFR Part 800). The
                                               regulations emphasize the need for consultation between the
                                               federal agency taking action and the historic preservation officer
                                               in the state concerned. They also give the President's Advisory
                                               Council on Historic Preservation a reasonable opportunity to
                                               comment on federaUy-assisted, -licensed, or -funded actions. The
                                               Section 106 process is a broadlyrecognized aspect of statewide
                                               historic preservation planning. It is designed to identify historic
                                               properties that are eligible for listing in the NRHP and to reduce
                                               the adverse effects of projects on those properties.

                      The Guidelines           In publishing this Guidelines and Stan&rds, South Carolina,
                       and Standards           like the majority of southeastern states, is specifying the mini-
                                               murn amount of technical informataon necessary to carry out
                                               archaeological investigations that will contribute to the statewide
                                               preservation plan.

                                               .South Carolina legislation
                                               Although South Carx)hna now has no law to protect cultur-al
                                               resources in general, it does have some laws that protect cultural
                                               resources in particular situations.

                           The Coastal         The South Carolina Coastal Council must ensure that projects
                                     Zone      that require state or federal permits and am within the Coastal
                          Management           Zone of South Carolina are consistent with the mandate of the
                                Program        Coastal Zone          P rn P V k t Program. The Coastal Zone consists
                                               of the follow@ng eightOD=ties: Jasper, Beaufort, Colleton,
                                               Charleston, Dorchester, Berkeley, Georgetown, and Horry.
                                                 Section 15(6) of the South Carolina Coastal Zone
                                               Abnagement Act of 1979 (amended 1990), says the Coastal
                                               Council must consider -the extent to which the development could
                                               affect... irreplaceable historic and archaeological sites of South
                                               Carolina's coastal zone." Section 8(BX4) ofthe same act (Appen-
                                               dix B) mquires this comprehensive vnanagement proo7am to
                                               identify special inarl -      I area . These "areas of cnfacal state
                                               concer][17 parallel the geographic areas of particular concern
                                               mandated by the Federal Coastal Zone                               17c)
                                                                                                     F 1 - Act of 19,2.
                                                 Under its Coastal Zone Management hV9=-4 the Coastal




                  4







                                                    Guidelines and standards for archaeological investigations




                Council has designated certain natural and cultural areas as
                "Geographic Areas of Particular Concern" (GAPCs). GAPCs
                include archaeological sites that are on or eligible for nornina-
                tion to the NRHP. The SHPO is asked to advise the Coastal
                Council on the management of cultural resources and to
                determine the eligibility of archaeological sites, structures-,
                objects, and districts for nomination to the NRHP.

                Under the 1967 South Carolina Water Resources Planning              The Water
                and Coordination Act (as amended), the state's Water Re-            Resource
                source Commission must consider the effect that development         Commission
                on the state's ground and surface waters will have on cultural
                and environmental resources. This commission works closely
                with the Coastal Council and county planners to protect
                cultural resources.


                The South Carolina Afining Act of 1990 (Section 48-20-10 et         Reclamation
                seq.) states that the South Carolina Land Resources Conser-         projects
                vation Commission will require all reclamation plans to
                specify "proposed methods to limit significant adverse effects
                on significant cultural or historic sites" (Section 48-20-40 Part
                15(g)). The SHPO is consulting with the Land Resources
                Conservation Commission regarding the interpretation and
                implementation of this stipulation.

                The South Carolina Department of Health and Environmen-             Hazardous waste
                tal Control has recently published regulations governing the        management
                location of hazardous waste management facilities (SC Code
                61-104). The regulation stipulates that hazardous waste
                treatment, storage, and disposal facilities will be prohibited in
                areas where they will 'adversely impact an archeological site
                as determined by the State Historic Preservation Officer and
                the State Archaeologist or a historic site as determined by the
                State Historic Preservation Officer" (R. 61-104, IV, D.2.a.).
                The SHPO provides comment on how hazardous waste facili-
                ties will affect historic properties.

                Hilton Head Island has developed South Carolina's first local Local
                ordinance to protect archaeological sites (Ordinance No. 90-        ordinances




                                                                                                          5







             Guidelines and standards for archaeological investigations




                               10B, Proposed Ordinance No. 90-16, amending Title 17 ofthe
                               Municipal Code 17-2-112). The ordinance protects all ar-
                               chaeological sites, or any area, structure or artifacts on such
                               a site, from disturbance or removal without written permis-
                               sion from the town manager or a designee. The SHPO gives
                               the town technical advice on the suitability of specific ar-
                               chaeological survey and excavation plans and reports.

                      Historic Several South Carolina Codes protect historic cemeteries-
                    cemeteries SC Code 27-43-10, Removal of abandoned cemeteries; 27-43-
                               20, Removal to plot agreeable to governing body and
                               relatives; 27-43-30, Supervision of removal work; and 16-17-
                               600, Destruction of graves and graveyards. A 1989 amend-
                               ment to Section 16-17-600 extended legal protection to the
                               remains of Native Americans by changing the word "grave-
                               yards" to "burial grounds." This amendment also made the
                               destruction or desecration of human remains a felony punish-
                               able by a maximum fine of two thousand dollars and impris-
                               orunent for not less than one year and up to ten years.

                     The S.C.  The Code of Laws of South Carolina, 1976, Part 60-13-210, as
                   Institute of amended by the General Appropriations Act of 1984-1985,
              Archaeology and  gives the South Carolina Institute of Archaeology and An-
                 Anthropology  throPologY (SCIAA) the mandate to create and maintain a
                               statewide inventory of archaeological sites and to care for the
                               state's archaeological collections. The South Carolina Under-
                               water Antiquities Act of 1991 makes SCIAA responsible for
                               the management and protection of the state's underwater
                               archaeological resources. SCIAA advises the SHPO on the
                               eligibility of these underwater archaeological resources and
                               on other archaeological matters on request. This publication
                               does not include a discussion of underwater archaeological
                               sites. If you have questions about them, you should contact
                               SCIAA.












             6







                                                 Guidelines and standards for archaeoiogical investigations




                The environmental review and
                Section 106 consultation process
                Project review
                Requests for consultation on projects that are subject to
                environmental review are directed to the SHPO. Among
                these are federally-sponsored, -funded, or -permitted
                projects that might affect cultural resources, and projects
                requiring permits or certification from the Coastal Coun-
                cil. Through the consultation process the SHPO can study
                the documentation on the project and assess the need for
                a cultural resources survey.
                 The SHPO will review these requests for consultation
                as expeditiously as possible. It reviews requests about
                Coastal Council or federally-assisted, -funded, or -permit-
                ted projects on a schedule that reflects a built-in time
                limit of 15 or 30 days. It tries to review requests about
                other potential projects within 30 days of receipt. The
                SHPO considers telephone responses to inquiries as infor-
                mational only. These conversations, because of the dan-
                ger of misunderstandings, will NOT constitute the
                agency's formal comment or opinion. The SHPO will
                write the official agency response under the Archives and
                History letter head.

                The SHPO review will be facilitated if the request for         Documentation
                consultation includes the following information:
                1. Project maps, including a, copy'of a 7.5'USGS
                  topographic map that clearly and accurately locates
                  the project boundaries and includes the quadrangle
                  name and scale; a marked county highway map
                  showing the name of the county; other survey maps as
                  appropriate. Please include the name of the county
                  with the letter of request.
                2. A verbal description of the intended project, the project
                  location, and the reason the review is requested (e.g.
                  the federal or state permitting or funding
                  requirement); a photograph of any structure standing
                  on the property is helpful and is required if the




                                                                                                  7







                 Guidelines and standards for archaeological investigations




                                             structure is 50 years old or older; a brief description -of
                                             previous land use if you know what it was.
                                         3.  The applicant's name, address, and phone number.
                                             Please include a Federal Express or fax number if you
                                             need a quick response.
                                         4.  If you would like us to send copies of our response to
                                             other individuals, please include their names and
                                             addresses.
                                         When the SHPO receives the request, it dates it and logs
                                         it into the SHPO environmental review system.

                     NRHP listings       The SHPO reviewer checks to see if the project will affect
                                         any archaeological sites, buildings, structures, objects,
                                         districts, or landmarks that are listed in the NRHP-the
                                         SHPO maintains an up-to-date listing of all NRHP places
                                         and objects by county, and the location of NRHP sites is
                                         also recorded on a set of USGS 7.5' topographic maps. If a
                                         structure or site is already listed on the NRHP, then the
                                         reviewer will determine the effect the project will have on
                                         that resource.

                     Reported sites      Next, the reviewer must see if the project will affect any
                                         sites, districts, objects, or structures whose potential for
                                         listing in the NRHP has not been recorded. SHPO survey
                                         files identify those areas where the built environment has
                                         already been adequately surveyed. In addition, the SHPO
                                         holds copies of SCIAA files on reported archaeological
                                         sites and copies of USGS 7.5'topographic maps with
                                         plotted site locations. The reviewer checks these records
                                         for potentially eligible historic districts and properties
                                         and compares the project topographic sheets with the
                                         agency maps to see if sites, both eligible and potentially
                                         eligible, have been recorded in the project area.

                      Knowledge of       While about thirteen thousand archaeological sites have
                     archaeological      been recorded in South Carolina, knowledge of the loca-
                                  sites  tion and the significance of archaeological resources in the
                                         state is woefully incomplete. The very nature of the sites
                                         often hides them from casual view, and their identifica-





                 8







                                                 Guidelines and standards for archaeological investigations




               tion requires an archaeological survey-an investigation
               by a professional using specifically designed techniques.
               Although professionals have conducted many hundreds of
               surveys in South Carolina, they have covered only a small
               percentage of the state. Only two counties, Charleston
               and Greenwood, have received systematic reconnaissance-
               level surveys, and while these surveys supply enough
               detail for planning, they do not eliminate the need to
               explore the archaeological potential of an area project-by-
               project.
                 Thus, the reviewer must assess the adequacy of the
               knowledge regarding the cultural resources in a project
               area. The reviewer will first check to see if the area has
               been surveyed. The lack of a survey in the project area,
               however, will not, alone, trigger a recommendation for
               one. Rather, the reviewer will gauge the area's potential
               for containing archaeological resources by considering its
               geographical context. Ideally, the reviewer would base
               this judgment on a scientifically-tested model of site
               location. Unfortunately, South Carolina has no such
               model. But a number of factors are known to influence
               site location, and others are known to influence the condi-
               tion or state of preservation of archaeological sites (see
               below). By comparing the setting of the project against
               these known factors, the reviewer can reasonably deter-
               mine the probability of significant archaeological re-
               sources being located in the project area.
                 The reviewerwill recommend a course of action based
               on the following factors:
               1. presence of known sites within the boundaries of the
                  project area;
               2. known sites in the vicinity of the project area;
               3. known sites on similar topographic relief;
               4. soil types and drainage characteristics;
               5  distance from fresh water;
               6. proximity to historic roads, navigable waters, and
                  paths;
               7. present land use and past environmental conditions;
               8. intensity of previous area surveys, if any; and




                                                                                                    9







                 Guidelines and standards for archaeological investigations




                                        9. the expertise of the reviewer, including her/his basic
                                            knowledge of South Carolina history and archaeology.

                     Recommended        The SHPO follows the procedures recommended for Sec-
                              actions   tion 106 and related processes, as promulgated by the
                                        Advisory Council on Historic Preservation and codified at
                                        36 CFR Part 800. The Advisory Council regulations
                                        stipulate that the actions recommended depend on the
                                        SHPO's determination of the effect a project will have on
                                        cultural resources.


                           No action    If no significant resources are recorded in the project area,
                                        and the SHPO thinks the probability of such resources
                                        being present is slight (see criteria in items #1-9 above),
                                        the SHPO will recommend no further action, will write a
                                        letter stating this, and will add the caveat that if any
                                        archaeological materials are uncovered, the SHPO should
                                        be informed immediately: If the SHPO receives such
                                        information, it will respond within 48 hours, specifying
                                        whether or not the archaeological resource that has been
                                        identified is eligible for the NRHP. If the SHPO cannot
                                        make this determination, it may recommend an archaeo-
                                        logical assessment. In case of a disagreement regarding
                                        the eligibility of any archaeological site, a federal agency
                                        official, following specific Department of the Interior
                                        regulations, may request a determination from the Secre-
                                        tary of the Interior.

                               Survey   Whether significant resources are listed in the project
                                        area or not, the SHPO may decide that it needs an ar-
                                        chaeological survey to make a responsible determination
                                        of effect. If no adequate survey has been undertaken and
                                        research indicates a reasonable probability that archaeo-
                                        logical resources will be found within project boundaries
                                        (see criteria #1 - 9 above), then the SHPO will recommend
                                        an archaeological survey. It will write a letter stating this
                                        to the applicant and to state or federal agencies involved
                                        in the project. On request, SHPO archaeologists will help
                                        to formulate a scope-of-work for any project. See the




                 10







                                                 Guidelines and standards for archaeological investigations




               following section for guidelines for completing an archaeo-
               logical survey.

               Evaluate properties
               When an adequate survey has been conducted, the SHPO
               will determine if the proposed project will affect any sites
               eligible for the N-RHP. To do this, the SHPO will apply
               the criteria listed at 36 CFR 60.4 and will review the
               reported results of a professionally-conducted archaeologi-
               cal survey. The SHPO may conclude that either the
               survey effort or the report fails to adequately identify the
               archaeological resources the proposed undertaking has
               the potential to affect. It may also conclude that more
               fieldwork is required before responsible determinations of
               eligibility can be made for some or all of the archaeologi-
               cal resources identified (see Site testing under Methods
               below). Until these concerns are satisfied, the SHPO will
               be unable to complete its consideration of the effects of the
               proposed project on eligible sites.
                 For federally-assisted or -permitted undertakings, the
               determination of eligibility is the ultimate responsibility
               of the federal agency official overseeing the project. Fed-
               eral regulations, however, require the federal agency
               official to reach this determination in consultation with
               the SHPO (36 CFR 800.4 (0). If the federal official and
               the SHPO fail to agree on the eligibility of any property,
               the federal official can obtain a determination from the
               Secretary of the Interior.
                 For projects initiated by state regulations, including
               Coastal Council certification, the SHPO will evaluate the
               eligibility of the identified properties.
                 If properties listed in or eligible for the NRHP are
               located within the boundaries of any project, the SHPO
               must determine the effect the project will have on them.


               Assess effects
               The federal agency official must assess the effect of the       Federal
               project on any prdperty eligible for the NRHP. As with          undertakings







               Guidelines and standards for archaeological investigations




                                     determinations of eligibility, federal regulations require
                                     the federal official to make this assessment in consulta-
                                     tion with the SHPO; failures to agree may be referred to
                                     the Advisory Council for resolution. One of three assess-
                                     ments may be made:

                         No effect   If no eligible properties are located within the project
                                     boundarie 's, the SHPO will assess the undertaking as
                                     having no effect and will recommend no additional work.

                       No adverse    If the undertaking will have an effect on properties eli-
                              effect gible for the NRHP, but the effect will not be harmful, the
                                     effect is considered not adverse. An effect is not adverse
                                     when the potential research value of the property is "sub-
                                     stantially preserved through the conduct of appropriate
                                     research, and such research is conducted in accordance
                                     with applicable professional standards and guidelines;"
                                     when a structure or building is rehabilitated according to
                                     federal standards, or when the historic property will be
                                     part of a "transfer, lease or sale" and "adequate restric-
                                     tions or conditions are included to ensure preservation of
                                     the property's significant historic features" (36 CFR Part
                                     800.9(c)). Approved data recovery can thus lead to a
                                     finding of no adverse effect. (See below for guidelines for
                                     data recovery)

                    Adverse effect   36 CFR Part 800.9(b@-Criteria of Effect and Adverse
                                     Effect-says an adverse effect occurs when "the effect on a
                                     historic property may diminish the integrity of the
                                     property's location, design, setting, materials, workman-
                                     ship, feeling, or association." At that time, the federal
                                     agency official, the Advisory Council on Historic Preserva-
                                     tion, and the SHPO will consult to find a way to "avoid or
                                     reduce the effects on historic properties" (36 CFR Part
                                     800.5(e)).










               12







                                                 Guidelines and standards for archaeological investigations




               Determinations of effect and no effect pertain to Section        State projects
               106 of the National Historic Preservation Act. This act
               and related procedures provide the SHPO with the model
               it uses to review and advise on Coastal Council regulated
               and certified projects, projects initiated by other state
               regulations, and projects subject to local ordinances like
               Hilton Head Island's. The SHPO uses a similar series of
               steps based on 36 CFR Part 800 in conjunction with these
               various laws, regulations, and ordinances and will deter-
               mine effect in the manner prescribed above. If it con-
               cludes that a project will have an adverse effect on an
               eligible property, consultation among involved individu-
               als, agencies, and municipalities is initiated.

               After the SHPO reviews an acceptable, detailed manage-           Coastal Council
               ment summary (see guidelines below) of the archaeologi-          projects and
               cal survey, it will recommend to the Coastal Council that        GAPCs
               landscape-altering activities be allowed in non-site areas
               on the condition that the archaeological survey report is
               completed, turned in for review, and revised as needed.
               The SHPO prefers to decideon the eligibility of potential
               Geographic Areas of Particular Concern after reviewing a
               draft of the final survey report.
                 The Coastal Council will consider the special manage-
               ment of projects in areas designated as GAPCs and in the
               coastal zone by issuing permits for projects in GAPCs and
               by reviewing and certifying permits for projects in the
               coastal zone. A Memoranda of Agreement between the
               Coastal Council and those state agencies having authority
               over GAPCs will coordinate the activity associated with
               the certification process.

               Treatment of archaeological properties
               When the environmental review process finds that the
               project will have an adverse effect, it initiates a consulta-
               tion between the parties involved. The goal of the







                                                                                                    13







            Guidelines and standards for archaeological investigations




                              consultation is to develop one of the courses of action
                              listed below to make the undertaking less harmful to

                              resources.


                   Avoidance  If project plans can be altered to avoid eligible sites, the
                              finding "adverse effect" may become either "no effect" or
                              it no adverse effect," depending upon the circumstances.

                   ProtectionJ If a project can use greenspacing to protect an eligible
                 Stabilization site, the finding will become "no adverse effect." A finding
                              of "no adverse effect" can also be reached if the historic
                              property is made an explicit part of a "transfer, lease or
                              sale" where "adequate restrictions or conditions are in-
                              cluded to ensure preservation of the property's significant
                              historic features" (36 CFR 800.9(c)). The SHPO will also
                              consider proposals to obtain a finding of "no adverse
                              effect" through the burial of a site and its stabilization
                              beneath a protective cap of sterile fill. A signed Memo-
                              randum of Agreement formalizes agreements of this kind.

               Data recovery  If an agreement to avoid or protect and stabilize adversely
                              affected properties cannot be reached, it is possible for an
                              effect to be considered not adverse if the potential re-
                              search value of the site is "substantially preserved
                              through the conduct of appropriate research, and such
                              research is conducted in accordance with applicable pro-
                              fessional standards and guide'lines" (36 CFR 800.9(c)). A
                              finding of "no adverse effect" may be reached only if the
                              SHPO approves a detailed data recovery plan and all
                              parties sign a formal Memorandum of Agreement.

                              Summar-y
                              Projects submitted for SHPO review will be subject to the
                              following procedures:
                              1. completion of an archaeological survey for any property
                                with a good probability for archaeological resources;
                              2. review of the archaeological survey report by the
                                SHPO to determine if the methods used and manage-
                                ment recommendations provided are acceptable;




            14







                                               Guidelines and standards for archaeological investigations




               3. evaluation of all identified archaeological sites a'gainst
                  the criteria for eligibility (if adequate information is
                  not supplied in the survey report, an additional,
                  assessment effort may be required);
               4. decision of effect (adverse or not adverse) or no effect
                  based on survey results and determinations of
                  eligibility;
               5. consultation among involved agencies and individuals
                  to determine the treatment of any eligible property
                  that will be affected by the undertaking (resulting in a
                  signed Memorandum of Agreement).
                 If significant sites are discovered during the survey, the
               SHPO will work with the agencies involved to decide on
               the best way to manage those resources. Minimizing the
               impact to, avoiding, or greenspacing these properties are
               the preferred alternatives. If a site with a high potential
               for research cannot be avoided, data recovery will miti-
               gate the adverse effect. The SHPO will review and com-
               ment on the data recovery plan usually within 30 days of
               receipt. Data recovery should adhere to the guidelines
               given below. An official agreement will be reached with
               the agencies involved, and a signed Memorandum of
               Agreement will serve as a guide for treatment of the
               historic properties.

               Survey or data recovery methods that do not meet the         Please note
               minimum standards described below may result in addi-
               tional project costs and delays.                         I














                                                                                              15







                 Guidelines and standards for archaeological investigations



                                        Standards for archaeological
                                        survey and data recovery
                                        The following standards are offered as a baseline for
                                        archaeological survey and data recovery. They have dem-
                                        onstrated utility in South Carolina because they reflect
                                        the nature of the state's archaeological resources and
                                        environments. The SHPO presents these standards to
                                        guide field archaeologists, agency personnel, and the
                                        contracting agent (as appropriate), and it uses them to
                                        ensure the comparability of research results and to evalu-
                                        ate research reports. It should be noted that archaeolo-
                                        gists can, and sometimes should, deviate from the
                                        standards. When alternative field methods are proposed,
                                        however, the archaeologists must justify their selection.
                                          These standards do not supersede the guidance pro-
                                        vided by the following references: Advisory Council on
                                        Historic Preservation 1980, Treatment ofArchaeological
                                        Properties: A Handbook; Department of the Interior 1983,
                                        Archaeology and Historic Preservation: Secretary of the
                                        Interior's Standards and Guidelines. Refer to these publi-
                                        cations and the South Carolina standards when you write
                                        Requests for Proposals, Scopes of Work, and Data Recov-
                                        ery Plans.

                                        Research design
                                        As a first step in a cultural resource project, the principal
                                        investigator will develop a research design. The research
                                        design should be project specific, should be tied to the project
                                        area, and should include a list of pertinent questions, set up,
                                        perhaps, as a series of hypotheses. "Canned" research de-
                                        signs that are not tied to the project area are inadequate. The
                                        field methods, laboratory analysis, interpretation, and results
                                        should be tied firmly to the research design, and the report
                                        should answer the questions and/or test the hypotheses.
                                        Research designs are developed not only to guide data recov-
                                        ery projects but also to inform every phase of field investiga-
                                        tion. The kind of questions and hypotheses addressed, of
                                        course, will depend on the type and scope of the investigation.




                 16







                                                   Guideline s and standards for archaeological investigations




                Documentary research
                To help locate possible site areas and to refine the re-
                search design, preliminary historical research should be
                undertaken before the field survey begins. If historic sites
                are found during fieldwork, however, additional site
                specific research may be required to help assess the site's
                eligibility for the NRHP.

                Before entering the field, investigators will check the           Site records
                master site files at SCLAA to see if archaeological sites
                have been recorded in the project area AND in the general
                vicinity; they will examine master topographic maps at
                the SHPO to locate any NRHP buildings, districts, struc-
                tures, sites, or objects in the area; they will see if archaeo-
                logical investigations have been conducted by consulting
                the bibliography of archaeological reports compiled by
                SCIAA staff with the help of a grant from the Department
                of Archives and History; and they will consult SHPO
                survey staff to obtain the results of any structures survey
                that has been completed.

                Since data on historic patterns of landuse contribute to          Historical
                the understanding of processes affecting both prehistoric         records
                and historic sites, research into historical records must be
                considered an integral part of any project. Such an effort
                can also help pinpoint known and potential areas of pre-
                historic and historic landuse. Investigators should locate
                relevant historic maps, plats, deeds, aerial photographs,
                soils maps, census records, and oral histories and compile
                a preliminary list of primary and secondary historic
                resources.
                  Usually, data recovery projects document more historic
                sources than survey reports. Nonetheless, survey reports
                are expected to document the investigator's examination
                of pertinent modern and historical maps, regional
                secondary histories, and preliminary census data.
                  The historical archaeologist should consider documen-
                tary research as an integral part of data recovery, not
                simply as ancillary to fieldwork. Failure to fully integrate




                                                                                                      17








                Guidelines and standards for archaeological investigations




                                       documentary research into a study may lead to requests
                                       for more information and project delavs. SHPO historians
                                       will have an opportunity to review the historical sections
                                       of all reports. They will examine the quality and accuracy
                                       of the historical research and will assess the qualifica-
                                       tions of the researcher. It is recommended, therefore, that
                                       the principal investigator allocate to h 'istorical research a
                                       significant proportion of project resources, as deemed
                                       appropriate.

                                       Field methods: survey
                                       Two types of archaeological surveys are recognized: re-
                                       connaissance and intensive (see the Secretary of the
                                       Interiors Guidelines and Standards at FEDERAL REGIS-
                                       TER, Part IV 48(2): 44716-44740).
                                       Reconnaissance survey: A reconnaissance survey is
                                       usually carried out either during a project's planning
                                       phase or during an Environmental Assessment to charac-
                                       terize the potential for cultural resources in several alter-
                                       nate project locations. It may also be an acceptable
                                       approach when the area affected by an undertaking is
                                       large (see the Advisory Council's Identification of Historic
                                       Properties, 1988).
                                          In conducting a reconnaissance survey, it is common to
                                       use a representative sampling scheme that will generate
                                       supportable predictions about the number and type of
                                       resources in the various areas. The sampling methods
                                       used will depend on the research design.
                                          Unlike an intensive survey, which results in the identi-
                                       ficafion of all the cultural resources likely to be affected
                                       by a project, a reconnaissance survey results in predictive
                                       statements only. Thus, when the location of project is
                                       established, an intensive survey is appropriate.
                                       Intensive survey: An intensive survey has two goals:
                                       the identification of all archaeological resources within a
                                       project area and the evaluation of those resources against
                                       the criteria for inclusion in the NRHP.
                                          It is recognized that many survey projects are not well
                                       suited to the examination of topical questions. Often, the




                18







                                                  Guidelines and standards for archaeological investigations




                goals of an iniensive survey will be limited to the simple
                identification of the archaeological resources in a given
                area. Investigators must, however, always firmly link the
                field methods they use to an explicit research design. And
                when an intensive survey is suited to topical research, it
                is both the professional and legal obligation of the prifici-
                pal investigator to pursue such an investigation.
                  The report must clearly define terms like "site," "iso-
                lated find," "site boundary," and "nonsite area," and those
                terms must be used consistently for subsequent methods
                and evaluations.


                This discussion focuses on methods appropriate to an             Identification
                intensive survey.

                Classification: By examining the project area, topo-             Site potential
                graphic quad sheets, and other pertinent resources, re-
                searchers will be able to stratify the project lands into
                areas that are more or less likely to contain archaeological
                resources. If they can fully define and document their
                terms through historical and field research, researchers
                may classify the land into areas of high, medium, and low
                potential; they should take representative photographs of
                each class. Until the classifications are verified through
                field research, the intensity of archaeological investiga-
                tion should REMAIN HIGH throughout ALL classes
                (except for areas that have a slope of 15 percent or more,
                for tidal areas, and for areas under standing water). If a
                particular class (e.g. an area of medium or low potential)
                consistently lacks cultural remains, however, alternative
                methods of investigation may be adopted. Areas of low
                probability must be sampled to ensure that at least 10
                percent of the land in that classification is included in the
                survey. To verify the predictions, a pedestrian survey of
                ALL project land, along with occasional excavations of
                judicious subsurface tests, must be made, even in highly
                disturbed areas. A researcher who has a question about
                field methods should PLEASE contact the SHPO office.
                Unsurveyed areas: If a portion of a project area is not




                                                                                                     19







                  Guidelines and standards for archaeological investigations




                                           surveyed, the report on fieldwork must include a documented
                                           justification of the ornission. Documentation can include
                                           recent aerial photographs or maps showing severe distur-
                                           bance (e.g. construction) or the results of field observation.
                                           Because of er-rors at the unit level in soil classification and
                                           the degree to which fluctuations of sea level influence drain-
                                           age patterns, archaeologists may NOT ornit parcels from an
                                           archaeological survey simply because the parcel is associated
                                           with an area that a US Department of Agriculture Soil Con-
                                           servation Service survey map identifies as poorly drained.
                                           Instead, project surveyors should confirm the data shown on
                                           maps by systematically observing the local terrain and con-
                                           sidering the effect a dynamic sea level has on soil drainage
                                           patterns.

                        Shovel testing     Shovel tests (or auger tests if more appropriate) must be
                                           3000 cm or larger; they must be screened; and they should
                                           be excavated to sterile subsoil.
                                           Intervals: The survey should rely principally on systernati-
                                           cally placing discovery transects no more than 30 meters
                                           apart and employing shovel tests at 30 meter intervals (or
                                           English equivalent). When appropriate, investigators may
                                           wish to expand the shovel test interval not to exceed 60
                                           meters, and the investigators must fully justify the shift in
                                           methodology by referring to specific features of the terrain or
                                           landuse history. Alternatively, if documentation indicates the
                                           probable presence of a site, the interval between units should
                                           be no more than 20 meters. Even smaller intervals will be
                                           required to identify some sites--plantation slave quarter
                                           structures, for example, will most likely be identified by
                                           using subsurface test intervals of about ten meters (25 ft).
                                              It is recognized that rigid adherence to systematic sam-
                                           pling at fixed intervals may fail to yield optimal survey re-
                                           sult&-the fixed intervals may fall between regularly spaced
                                           cultural features, and they may not uncover sites that would
                                           have been located using a judgmental technique. A combina-
                                           tion of systematic and intuitive shovel testing may be the
                                           most efficient method for site recognition and assessment.
                                           Forgoing shovel tests: A principal investigator who forgoes




                  20







                                                      Guidelines and standards for archaeological investigations




                 shovel tests must give a reason for the decision, must specify,
                 the circumstances influencing the decision, and must present
                 an alternative discovery strategy. Excellent surface visibility
                 alone is not grounds for suspending shovel testing. Some
                 mechanism for mechanically bringing artifacts to the surface,
                 such as rodent burrowing or tree falls, must be invoked.
                 Plowed fields: Plowed fields are not automatically exempt
                 from shovel testing, and if the tests are not made, the investi-
                 gator must justify the decision with a compelling argument.
                 Plowed fields must always be shovel tested under the follow-
                 ing conditions:
                 1. When visibility is poor. Despite the assumption that
                    visibility is always excellent in plowed fields, this is not
                    always so. Visibility may be poor if the fields are fallow, if
                    they've not been turned recently, or if it has not rained
                    recently.
                 2. When the field is in a dynamic depositional environment.
                    For example, it may be necessary to shovel test a plowed
                    flield that is at the foot of a slope or adjacent to an
                    aggrading stream, creek, or river.
                 3. When artifacts are observed on the surface, regardless of
                    their density. Shovel tests should be excavated to test for
                    the integrity of the source (i.e. the midden, buried surface,
                    etc.) except when the observed artifacts can be linked to
                    some contemporary activity (e.g. agriculture, hunting,
                    beer drinking). *
                 If there is any question about testing plowed fields, please
                 contact the SHPO.
                 Recording daba: In South Carolina, subsoil is generaRy
                 reached at 50 to 100 cm below ground surface. Investigators
                 should record relevant data on stratigraphic measures and
                 soils in field notes, should give each shovel test a unique field
                 designation, and should analyze and catalog recovered mate-
                 rials by separate provenience.

                 If research suggests the presence of deeply buried deposits,         Deep testing
                 field methods must be developed to establish their existence.
                 These methods can include backhoe trenching, bucket auger
                 or geologic core sampling, or remote sensing techniques.




                                                                                                           21







                 Guidelines and standards for archaeological investigations




                                Sites   Archaeological sites are commonly held to be the locations
                                        of past behaviors and are recognized as a concentrated
                                        distribution of material remains, or artifacts. A "nonsite"
                                        (or "landscape") approach to archaeological survey based
                                        on an acceptable research design is preferred, but to
                                        manage information, a consistent mechanism must be
                                        developed to convert artifact concentrations to traditional
                                        site designations. The operational definition in the survey
                                        report will give the number of artifacts or consecutive
                                        positive shovel tests that are needed to identify a site.
                                        When those numbers are reached and the site is identi-
                                        fied, a site assessment must be conducted.
                                          Before the project is approved, discovered and revisited
                                        archaeological sites must be recorded on South Carolina
                                        archaeological site forms (Site Inventory Record 68-1,
                                        Rev. 85) and reported to SCIAA. A copy of this form is
                                        included with these guidelines. Photocopies of USGS
                                        topographic maps and county highway maps showing site
                                        locations should accompany these site forms. Updated
                                        site forms must be submitted when sites are revisited.
                                        Typed rather than handwritten entries on SCIAA site
                                        forms are strongly recommended. Facsimiles of site forms
                                        will not be accepted.

                          Structures    A structure that is at least forty years old will be defined
                                        as a site and recorded in the field on a SHPO Statewide
                                        Survey Site Form. An example of this form is included
                                        with these guidelines, and the SHPO can su     pply a com-
                                        prehensive survey manual for a nominal charge. Please
                                        contact the SHPO if you have questions about completing
                                        the survey form.
                                          To satisfy management requirements, historic build-
                                        ings, landings, and fortifications may have to be recorded
                                        on both a SCLAA form and a SHPO survey form. An as-
                                        sessment should also be undertaken to explore the possi-
                                        bility that a standing structure may be part of a larger
                                        archaeological site.

                        Assessment Assessing the eligibility of archaeological sites for




                22







                                               Guidelines and standards for archaeolog-ical investigations




               inc lusion in the NRHP is often conducted as part of an

               i
               ntensive survey. The essential elements of the assess-
               ment include determining both horizontal and vertical
               site boundaries, identifying components, and establishing
               the site's state of preservation. It is recognized, however,
               that a definitive assessment may require field work be-
               yond the scope of an intensive survey. When this is the
               case, it is usual to identify some sites as "potentially
               eligible" and then to assess them fully by site testing. The
               methods discussed below and under Site Testing are
               offered as standards for conducting the assessment.

               Sites must be accurately located on project maps and        Mapping
               USGS topographic maps, and a site map indicating the
               location of the site relative to the environmental, topo-
               graphic, and cultural features of the surrounding land-
               scape must be produced and included in the survey report.
               It may be unnecessary to conduct a transit survey during
               the field survey, but that decision should be tied to the
               research design.
                The SHPO strongly recommends that investigators flag
               site boundaries in the field and that a licensed surveyor
               transfers this information to master project maps as
               quickly as possible. The archaeological consultant must
               give the client both exact and explicit information on the
               location of archaeological sites within the boundaries of
               the project.
                A lack of accurate data on the location of sites severely
               degrades the ability of archaeologists to reconstruct and
               evaluate prehistoric and historic settlement systems. This
               is a serious problem that affects the management of
               archaeological resources statewide. Researchers are urged
               to use the greatest care when locating sites on project
               maps and USGS maps. The SHPO suggests that archae-
               ologists consider using the Global Positioning System
               (GPS) to help identify the position of a site on the land-
               scape. GPS technology is impressive and is rapidly becom-
               ing both affordable and practical. This information could
               become a source of data for the statewide Geographic





                                                                                             23







               Guidelines and standards for archaeological investigations




                                     Information System (GIS) now being developed by various
                                     state agencies. A time is envisioned when this level of
                                     accuracy will be required before a project may proceed.

                            Surface  Sometimes it may be appropriate to conduct a surface
                          collection collection of identified sites. If a complete collection is
                                     impractical, a systematic scheme to sample the site
                                     should be considered. While a surface collection may help
                                     to determine horizontal site boundaries, it will not, under
                                     any circumstances, be considered adequate for an assess-
                                     ment of a site. Investigation of subsurface integrity must
                                     be conducted as well.


                    Shovel testing   When a site is located, its vertical and horizontal bound-
                                     aries must be delineated through subsurface testing-
                                     surface scatters and topography alone will NOT suffice.
                                     Shovel testing may be a useful technique for such an
                                     effort. Site boundaries must be well marked in the field
                                     and on the project maps. When tracing the extent of an
                                     artifact concentration, it is useful to use the first positive
                                     test as a reference and then excavate shovel tests at
                                     systematic distances in the cardinal directions-a 5 to 10
                                     meter interval is recommended. The test pattern used-
                                     grid, radial, or cruciform-will depend on site- and
                                     project-specific concerns. When a shovel test is positive,
                                     the unit should be flagged. When the test is negative, the
                                     area between it and the last positive unit should be tested
                                     to determine the limits of cultural materials.

                            Formal   Integrity and clarity are important factors in site evalua-
                  excavation units   tions and must be documented. Formal units should be
                                     excavated to explore the potential for buried surfaces,
                                     midden, and features.
                                     Unit size: Conditions at the site and the time allotted for
                                     the survey mandate the size of these tests; they could
                                     range from 50 x 50 cm tests through larger tests. The
                                     placement of the units tested should be tied to the results
                                     of the shovel testing and, if applicable, to surface
                                     collection.





               24







                                                 Guidelines and standards for archaeological investigations




               Vertical control: Formal units should be excavated by
               natural strata. It may be advantageous to initiate exca-
               vation using arbitrary levels because of the research
               design, the thickness of the natural soil zones, or for other
               reasons-plowzone, for example, may be excavated as a
               single vertical level, regardless of thickness. The interface
               between plowzone and nonplowed soils is often excavated
               as a separate level. The range of possibilities is wide, and
               the SHPO requires investigators to clearly describe and
               consistently follow the method(s) they choose.
               Screening: All excavated soil must be screened through
               hardware cloth with no greater than 1/4 inch mesh. Re-
               covery rates for all classes of artifacts, including faunal
               material, increase greatly as screen size decreases. Inves-
               tigators are, therefore, encouraged to estimate relative
               recovery rates by systematically using finer mesh to
               sample soils. Although there has been much debate about
               the comparative benefits of dry screening, water screen-
               ing, and mechanical screening, the choice seems to depend
               on research design, specific factors at each site, and per-
               sonal preference.
               Disposition of artifacts: Artifacts must be bagged by
               separate provenience (i.e. unit/level). Brick and mortar
               may be measured when appropriate, weighed, sampled by
               special provenience, and discarded in the field. Left
               valves of shell must be sampled systematically and col-
               lected for analysis, as should any other special faunal
               samples needed to address the research design. The
               remainder of the shell can be weighed and discarded.
               Features: If cultural features are identified during the
               excavation of formal units, they must be mapped and
               bisected to reveal a representative profile. Feature soils
               must be systematically sampled and screened through a
               finer-than-1/4 inch mesh and must be systematically
               sampled for special analysis and/or flotation as well.
               These standards apply to all levels of archaeological
               investigation (not just to "data recovery").
               Records: Above- and below-ground features and subsur-
               face tests must be mapped; above-ground features must




                                                                                                   25







               Guidelines and standards for archaeological investigations




                                     be photographed: appropriate notes and/or forms should
                                     be maintained; a Munsell chart should be used to guide
                                     the designation of soil hues; the USDA soil texture classi-
                                     fications should be used to characterize texture; and
                                     representative profiles of all formal excavation units must
                                     be recorded.

                        Eligibility  The results of the assessment are to be applied against
                                     the criteria of eligibility for the NRHP listed at 36 CFR
                                     60.4 (enumerated above). It is a guiding principle of the
                                     Advisory Council, the SHPO, and the professional commu-
                                     nity, that "archaeological properties are important wholly
                                     or in part because they may contribute to an understand-
                                     ing of the past" (Consulting about Archaeology Under
                                     Section 106, Advisory Council of Historic Preservation,
                                     1990; 36 CFR 60.4 Criteria D). Researchers are respon-
                                     sible for evaluating the specific research potential of all
                                     identified historic properties.
                                      The SHPO is pursuing the development of research
                                     contexts for South Carolina. Dr. Michael Trinkley has
                                     developed a Woodland period context with an Archives
                                     and History grant (Trinkley 1990). The Council of South
                                     Carolina Professional Archaeologists (COSCOPA) and
                                     SCLAA have received a grant to hold symposia that will
                                     produce Archaic and Historic period contexts. The lack of
                                     completed contexts for all possibilities, however, does not
                                     absolve the investigator from the responsibility of deter-
                                     mining the research potential of all identified sites.
                                     Project archaeologists are encouraged to solicit the com-
                                     ments of all potentially interested individuals or institu-,
                                     tions, including SCIAA and SHPO, concerning the
                                     potential contribution of a site to research issues.
                                      It is acknowledged that the physical state of archaeo-
                                     logical resources partly determines their research poten-
                                     tial. Any responsible determination of eligibility,
                                     therefore, must consider properties of the archaeological
                                     record like integrity. Since no universallyapplicable
                                     standard or threshold exists against which to judge all
                                     sites for integrity or any other property of the archaeologi-




              26







                                                  Guidelines and standards for archaeological investigations




               cal record, however, the specific type of site must be con-
               sidered when those properties are being evaluated. A
               Paleoindian site, for example, is likely to be eligible de-
               spite a physical state that would be unacceptable for an
               eligible Woodland site.

               Field methods: site testing
               Under certain circumstances it will be impossible to use
               the results of an intensive survey to make definitive
               assessments of the eligibility of some sites. The intensive
               survey identifies these sites as "potentially eligible" for
               inclusion in the National Register and additional site
               testing is usually recommended. The need for additional
               testing may be recognized by the investigating archaeolo-
               gist, the federal official, or the SHPO project reviewer.
                  If potentially eligible sites can be avoided through
               project redesign, it may be desirable to treat them as
               eligible resources in lieu of more testing. When avoidance
               is not possible, a definitive assessment of eligibility must
               be made before the investigation into the effects of the
               project can proceed.
                  The burden placed on an investigator to consider re-
               search is especially heavy during site testing. Ideally the
               principle investigator will consider all research topics
               potentially addressed by a site of the type being tested
               and will specify the information required to determine if
               the site is truly an appropriate resource for each topic.
                  The testing methods employed can and should include
               those discussed above for the assessment of sites during
               the intensive survey: mapping, surface collection, system-
               atic shovel testing, and the excavation of formal units. If,
               however, these methods failed to provide the information
               needed during an intensive survey, an additional effort is
               clearly called for. Often this can be done by intensifying
               the same techniques. For example, if shovel tests exca-
               vated in a cruciform pattern during the intensive survey
               were inconclusive regarding the subsurface distribution of
               artifacts or surfaces, then shovel tests excavated in a full
               grid pattern may be necessary during site testing.




                                                                                                     27







                 Guidelines and standards for archaeological investigations




                                         Similarly, if the results from a few 50 x 50 cm formal
                                         units were equivocal regarding buried surfaces, features,
                                         or the stratification of components, it may be appropriate
                                         to excavate larger formal units during the site testing.
                                           When a potentially eligible site is being tested, the
                                         archaeologist should remember to explore enough area to
                                         make a definitive assessment- archaeologists, even when
                                         they are evaluating sites slated for destruction, are often
                                         amazed at how little of the site area is actually examined.
                                         Although a cookbook approach to site assessment or data
                                         recovery is not advocated here, the investigating archae-
                                         ologist is encouraged to determine what percentage of the
                                         site she or he is uncovering. The amount of area uncov-
                                         ered must be tied to the specific type of site and the re-
                                         search design.
                                           The research design will dictate the method used to
                                         sample features identified during testing. All features
                                         identified must, at least, be bisected to reveal a profile. If
                                         features are completely excavated during testing, the
                                         feature soils must be systematically sampled for special
                                         processing.
                                           The research design will also specify the analyses to be
                                         undertaken as part of an assessment effort. To fully
                                         evaluate the research potential of the site being tested, it
                                         may be necessary to collect and analyze special samples.
                                         It may, for example, be necessary to collect and process
                                         flotation samples to assess the potential of the site to
                                         address subsistence issues.
                                           Site testing MUST result in definitive determinations of
                                         eligibility (see above the section on Eligibility under
                                         Assessment).
                                         Field methods: data recovery
                                         The field methods appropriate to a data recovery will be
                                         specified in a Data Recovery Plan that is approved by all
                                         involved parties. The f6llowing principles guide the
                                         SHPO review of data recovery plans (see also Consulting
                                         About Archaeology Under Section 106, Advisory Council
                                         1990):






                 28







                                                 Guidelines and standards for archaeological investigations




               1. The specific research context in which the site is
                  eligible must be clearly articulated.
               2. Prior field work must be adequate to demonstrate that
                  the site is an appropriate resource for the prescribed
                  research.
               3. The methods of excavation and analysis must be
                  specified and must be appropriate to the investigation
                  proposed.
               4. Adequate provisions must be included for reporting
                  and for the curation of recovered materials and notes.
                 The greatest flexibility is required in the formulation of
               data recovery plans, and researchers are encouraged to
               consider using creative and state-of-the-art methods,
               including representative sampling schemes, mechanical
               machinery, remote sensing techniques, and special analy-
               ses. The highest professional standards must apply to the
               methods employed, and the specifics of field and labora-
               tory methods must be enumerated in the approved data
               recovery plan. The SHPO expects explicit justification of
               the methods selected.
               Laboratory methods                                                    si.fication
               Classification schemes must be referenced, and identified       Clal
               photographs of at least a representative sample of the
               artifacts must be included in the final report. Photo-
               graphs and /or other illustrations are necessary because
               scholars often disagree on typologies. Individuals. involved
               in the analysis of artifacts must have access to a compara-
               tive collection of specimens derived from the general area
               of the project. In addition, the SHPO highly recommends
               that all investigators consult with'regional experts on the
               subject of artifact taxonomy (particularly prehistoric
               ceramics). If the SHPO sees evidence of insufficient care
               in the analysis of artifacts, it will request more informa-
               tion. Artifact analysis should be tied firmly to the
               research design and should be more than simply a catalog
               list.

               All artifacts must be cleaned, stabilized, and accessioned.     Conservation





                                                                                                  29







                  Guidelines and standards for archaeological investigations




                                         Artifacts should be stored in a safe environment before,
                                         during, and after processing. Careful field recovery tech-
                                         niques are wasted if subsequent laboratory, conservation,
                                         and curation standards are low. Curational facilities such
                                         as the Charleston Museum and SCIAA already have
                                         procedural guidelines for curation. The final rule 36 CFR
                                         Part 79 is available, "Curation of Federally-Owned and
                                         Administered Archaeological Collections" in the Federal
                                         Register, 12 September 1990, and offers clear standards
                                         as well. The selection of the curational facility should be
                                         made before the laboratory analysis is complete and
                                         should be identified in the report. The procedures of the
                                         selected curational facility must be followed and should be
                                         described in the laboratory methods section of the report.
                                         The accession numbers of the artifacts, if known, should
                                         be reported as well. If a particular item or type of artifact
                                         is not conserved, the report should include a justification
                                         of that decision. Conservation of a sample of materials by
                                         major provenience, such as sampling wrought nails, is
                                         sensible.
                                           Professional consultation is available on stabilization
                                         and conservation. You can contact the South Carolina
                                         State Museum; it has a Statewide Services program, and
                                         its conservation staff offers advice to cultural institutions,
                                         including state agencies. You can also contact SCLAA if
                                         you have questions. In addition, numerous other muse-
                                         ums, private contractors, and foundations have expertise
                                         in conservation techniques. It is required that
                                         CONSERVATION BECOME THE RULE, NOT THE
                                         EXCEPTION.

















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                                                 Guidelines and standards for archaeological investigations



               Reporting results
               A brief summary of requirements for survey and data
               recovery reports appears below. Several in-depth treat-
               ments of proper reporting are available and should be
               consulted as necessary (cf. Secretary of the Interior's
               Standards and Guidelines, 48 FR 44734-44737;
               McGimsey and Davis 1977; Bense et al. 1986) For mat-
               ters of style refer to the Style Guide for AMERICAN
               ANTIQUITY (Society for American Archaeology 1983).
                 It is not necessary that all reports follow the same
               format. Data can be presented and integrated in diverse
               ways. What is necessary, however, is a clear and concise
               presentation. Bear in mind that the results of research
               are used by others and should constitute a usable contri-
               bution to the body of knowledge regarding the archaeol-
               ogy of South Carolina. For these reasons it is important
               that all reports are able to "stand alone" as research
               documents, and that the assumptions and biases affecting
               the conduct and results of the reported work are clearly
               stated.
                 Two copies of an initial DRAFT of each report will be
               required for review. At least three copies of the FINAL
               report will be required to give the SHPO one review copy
               and one clean copy and SCIAA one clean copy. To ensure
               that the SHPO receives the documents, it is strongly
               recommended that archaeologists have a clause written
               into contracts stating that two copies of the draft and
               three copies of the final report will be provided BY THE
               ARCHAEOLOGIST to the SHPO.
                 Besides the technical report, archaeologists are encour-
               aged to prepare a brief public-oriented publication based
               on their work. Publications of this kind will become part
               of the standard requirements in Memoranda of Agree-
               ments in addition to professional reports.

               Management summaries
               Management summaries were initially developed as a tool
               to ensure that field methods followed the initial scope of




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                 Guidelines and standards for archaeological investigations




                                         work and/or research proposal. Because of the vast
                                         increase in development in South Carolina, especially on
                                         our coast, many developers are now having to comply with
                                         various cultural resource regulations. Much of their
                                         funding is dependent upon phased bank loans. As a
                                         result, the SHPO will accept initial -management summa-
                                         ries as a management tool for projects regulated by
                                         Coastal Council. Final reports will still be required.
                                         Management summaries must contain the following
                                         details:
                                         1.  The location of the project and a discussion of why it
                                             was undertaken.
                                         2.  Fieldwork personnel and dates when work was
                                             undertaken and completed.
                                         3.  Methods used and drawings of field maps,
                                             representative profiles, and important features
                                             (photocopied field notes will do if legible).
                                         4.  Detailed discussion of preliminary eligibility
                                             assessments.
                                         5.  A project development map with the precise locations
                                             of these sites. This is required for both the SHPO and
                                             clients. (Site locations should already have been
                                             marked in the field.)
                                            These summaries DO NOT negate the need for a final
                                         report. Consulting archaeologists should make this clear
                                         to all clients. The SHPO will recommend to a regulatory
                                         agency such as SCCC that landscape-altering activities in
                                         areas without significant or potentially eligible sites be
                                         allowed. The permits and/or certifications will be condi-
                                         tioned to mandate continued protection of eligible and
                                         potentially eligible sites and development of a Memoran-
                                         dum of Agreement (MOA) with the SHPO. In all cases a
                                         final report will be necessary.
                                            In the case of federally-regulated projects, the SHPO offi 'ce
                                         is generally asked to concur with agency recommendations.
                                         Once the SHPO concurs, the agency has satisfied the require-
                                         ment for consultation with the SHPO. For this reason, the
                                         SHPO will review only complete reports for federally-regu-
                                         lated projects; it will NOT accept management summaries.




                 32







                                             Guidelines and standards for archaeological investigations




             Survey reports
             Survey reports will range from a few pages to multiple
             volumes, depending upon the particular project. In all
             cases, the document should answer the following
             questions:
             1. Why was the investigation undertaken? For whom? If
                a project or permit number is available, please provide
                it.
             2. Who was involved in the project?
             3. When did the fieldwork, laboratory analysis, and
                report writing take place? Who was involved in each
                phase?
             4. Where is the project area? (Include USGS 7.5' topo
                location.)
             6. What was the research design? (What previous work
                has been done in the area? What did your review of
                the literature uncover?)
             6. What methods were used? Why were they selected?
             7. Was the project area stratified based on the
                probability of encountering archaeological sites? How
                were the various levels of probability determined, and
                how were the different areas defined? How did the
                field methods vary among areas of probability? What
                proportions of the total project area fell into the
                different classes of probability? Has a map clearly
                indicating the various areas of probability been
                included in the report?
             8. Where were cultural materials found? Not found? (If
                marked graves are found, record general information
                and try to find oldest and most recent graves.) Site
                assessments are required if features and/or artifacts
                are found. Include cultural overviews if materials are
                found. If no artifacts are discovered, leave the
                Paleoindian through Historic to a short, simple table.
             9. What were the laboratory methods (includes
                conservation)?
             10. What are the curation plans?
             11. Have the survey area and artifacts been documented
                with representative photographs?




                                                                                            33







                Guidelines and standards for archaeological investigations




                                       12. Have illustrations of potentially significant and
                                          siznificant sites been included@ Have illustrations
                                          (photos or measured drawings) been included of any
                                          above-ground structures or buildings assessed as part
                                          of the project, even if not significant?
                                       13. Have significance evaluations that are based on the
                                          resource7s potential contribution to the theoretical and
                                          substantive knowledge of the discipline (Butler 1987)
                                          been included? Could you write a formal National
                                          Register nomination based on your presentation? (The
                                          SHPO will recommend that clients consider
                                          nomination of greenspaced eligible sites. All
                                          archaeologists are strongly urged to nominate eligible
                                          sites to the Register.)
                                       14. Is a summary of site data presented in a management
                                          table?
                                       15. Has the SHPO been given a map of site locations on a
                                          USGS 7.5'quadrangle? Are there illustrations of the
                                          locations of any'sites that were previously located in
                                          the general vicinity of the project area and discussed
                                          in the text?

                                       Site testing and data recovery reports
                                       Testing and data recovery reports should contain the
                                       above information and the following:
                                       1. A review of literature about the project area and
                                          about the major research topic(s) of the region.
                                       2. A demonstration that both primary and secondary
                                          historic sources were examined and incorporated into
                                          the report. For example, have the various pertinent
                                          census materials been reviewed? Please do not simply
                                          cite a previous survey report for this section. Each
                                          document should be able to stand alone.
                                       3. Detailed documentation of all excavation units,
                                          stratigraphy, and features must be included. Major
                                          features should be illustrated.

                                       Criteria for report evaluation
                                       The following list has been adapted from the Maryland




                34







                                             Guidelines and standards for archaeological investigations




             state guidelines. It is a criteria of report evaluation that
             authors may use as a guide to editing their report. The
             SHPO archaeologists use this as a checklist.
             1. Is the research design clearly related to the project
                area? to the methods used? to the interpretations?
             2. Are the techniques and methods used fully described?
                Have terms such as "site" and "nonsite area" been
                defined?
             3. Are the methods appropriate for the project
                requirements and the level of investigation?
             4. Were appropriate specialists and references consulted?
             5. Have SCIAA site forms been completed?
             6. Has environmental data been integrated into the
                report? Are possible relationships between these data
                and sites clear?
             7. Has historical data been integrated? Does the amount
                of research suffice for the level of effort? Are both
                primary and secondary sources used?
             8. Does the report clearly describe and indicate previous
                investigations in the project area and its environs?
             9. Is the relationship between previous work and the
                present methods and interpretations clear?
             10. Do the methods fit with current landuse, topography,
                and past history of the project area?
             11.Are all sites, features, and the general landscape
                clearly and adequately described?
             12.Are artifact types referenced or defined? Do they seem
                correct and grounded in kn9wledge of the region? Are
                summary tables provided and do they include
                frequency subtotals, totals, and percentages? Does the
                math balance? Are representative artifacts
                illustrated?
             13. Has the appropriate level or measure of statistical
                analysis been performed on the data (e.g. minimum
                vessel counts, economic scaling, lithic measurements)?
             14. Have the results of artifact analysis been incorporated
                into the interpretation? Have density maps been
                included? If not, are they needed?
             15. Are the illustrations adequate and properly referenced?




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               Guidelines and standards for archaeological investigations




                                     16.Are artifacts, features, and sites presented, correlated,
                                        and interpreted in their proper archaeological
                                        contexts?
                                     17. How are significance evaluations made? Are they
                                        complete and well-documented? Are they based on
                                        research design, interpretation, archaeological context,
                                        and results? How is redundancy handled?
                                     18.Are potential impacts discussed for each site? Are past
                                        impacts fully described?
                                     19. Based on the predicted impact, are recommendations
                                        appropriate?
                                     20. Based on site significance, are recommendations
                                        appropriate?
                                     21. Have the recommendations been based on
                                        cost-effectiveness? Is recommended future work based
                                        on considerations 4 research, management, and cost? I



























               36







                                                 Guidelines and standards for archaeological investigations



               Personnel qualifications
               At the onset of a project, archaeologists are strongly urged
               to contact the SHPO. It is important that the SHPO
               know where you are working, what you are doing, and
               why. Please also provide a list of project personnel. Ar-
               chaeologists conducting compliance projects that encom-
               pass a survey of architectural properties should obtain the
               services of a qualified architectural historian to identify,
               describe, and assess such properties. In addition, archival/
               historical research should be conducted by a QUALIFIED
               individual (not just a novice technician with time on his/
               her hands). The minimum education and experience
               required to perform identification, evaluation, registra-
               tion, and treatment -activities are defined by the Secretary
               of the Interior (48 FR 44738-44739) as found below:


               Archaeology
               The minimum professional qualifications in archaeology
               are a graduate degree in archaeology, anthropology, or
               closely related field plus:
               1. At least one year of full-time professional experience or
                  equivalent specialized training in archaeological
                  management;
               2. At least four months of supervised field and analytic
                  experience in general North American archaeology;
                  and
               3. Demonstrated ability to carry research to completion.
               Besides these minimum qualifications, it is expected that
               professionals have at least one year experience, full-time
               at a supervisory level, in the study of related resources
               (i.e. historic andJor prehistoric).

               Architectural history
               The minimum professional qualifications in architectural
               history are a graduate degree in architectural history, art
               history, historic preservation, or closely related field with
               coursework in American architectural history; or a B.A. in





                                                                                                    37







                  Guidelines and standards for archaeological investigations




                                         architectural history, art history, historic preservation, or
                                         closely related field plus one of the following:
                                         1. At least two years of full-time experience in research,
                                            writing, or teaching in American architectural history
                                            or restoration with an academic institution, historical
                                            organization, or agency, museum, or other professional
                                            institution; or
                                         2. Substantial contribution through research and
                                            publication to the body of scholarly knowledge in the
                                            field of American architectural history.

                                         History
                                         The minimum professional qualifications in history are a
                                         graduate degree in history or closely related field; or a
                                         bachelor's degree in history or closely related field plus
                                         one of the following:
                                         1. At least two years of full-time experience in research,
                                            writing, teaching, interpretation, or other
                                            demonstrable professional activity with an academic
                                            institution, historic organization or agency, museum,
                                            or other professional institution; or
                                         2. Substantial contribution through research and
                                            publication to the body of scholarly knowledge in the
                                            field of history.



















                 38








                                                 Guidelines and standards for archaeological investigations




             References cited


             Advisory Council on Historic Preservation:
                 1980 Treatment of Archeological Properties: A Handbook, U.S.
                      Government Printing Office, Washington, D.C.
                 1988 Identification of Historic Properties: A Decisionmaking
                      Guide for Managers. U S. Government Printing Office,
                      Washington, D.C.
                 1990 Fact Sheet: Consulting About Archeology Under Section 106.
                      U.S. Government Printing Office, Washington, D.C.

             Bense, J.A., H.A. Davis, L. Heartfield, and K. Deagan
                 1986 Standards and Guidelines for Quality Control in
                      Archaeological Resource Management in the Southeastern
                      United States. Southeastern Archaeology 5(l):52-62.

             Butler, William B.
                 1987 Significance and Other Frustrations in the CRM Process.
                      American Antiquity 52:820-29.

             Department of the Interior
                 1983 Archaeology and Historic Preservation: Secretary of the
                      Interior's Standards and Guidelines. Federal Register Part
                      IV 48(2):44716-44740 (29 September).

             McGimsey, Charles R., III, and Hester A. Davis (editors)
                 1977 The Management of Archaeological Resources: The Airlie
                      House Report. Society for American Archaeology,
                      Washington, D.C.

             Society for American Archaeology
                 1983 Editorial Policy and Style Guide. American Antiquity 48:
                      429-442.

             Trinkley, Michael
                 1990 An Archaeological Context for the South Carolina Woodland
                      Period. Research Series 22, Chicora Foundation Inc.,
                      Columbia, S.C.







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