Enclosure (6 ) to COMDTINST 16004.2
70. Continuing and recurring activities such as permit renewals; modifications or minor
amendments where activities conducted will be similar in scope and operation to activities
currently being conducted.
71. Maintenance dredging and debris disposal where no new depths are required, applicable
federal, state and local permits are secured, and disposal will be at approved disposal site(s).
72. The portion of an action that includes major new or modified stationary sources that require
a permit under the federal Clean Air Act's (42 U.S.C. 7401 et seq.) New Source Review
(NSR) program or the Prevention of Significant Deterioration (PSD) program.
73. Actions pursuant to an approved Army Corps of Engineer (ACOE) federal Clean Water Act
(33 U.S.C. 1321 et seq.) Section 404 individual, programmatic, regional or nationwide
permit.
74. Actions exempt from ACOE federal Clean Water Act (33 U.S.C. 1321 et seq.) Section
404 permit requirements, for example (including but not limited to):
a. The discharge of fill material during construction of a Federal project specifically
authorized by Congress, provided the effects of the discharge have been considered in a
federal Environmental Impact Statement;
b. Construction of temporary sedimentation basins on a construction site that does not
result in a discharge to the state coastal zone;
c. Maintenance of drainage ditches, etc., where the maintenance does not include any
modifications that changes the character, scope or size of the original design; or
d. Maintenance or emergency reconstruction of recently damaged parts of currently
serviceable structures such as dikes, dams, levees, bridge abutments or approaches,
provided emergency reconstruction occurs within a reasonable time (on the order of
hours or days) after the damage. See 33 U.S.C. 1344(f) and (r).
75. Actions in response to the release or discharge of oil or hazardous substances (OHS) as
directed by competent response authority in accordance with an approved federal Spill
Prevention Response Plan o r Spill Contingency Plan that is otherwise consistent with the
requirements of the National Oil & Hazardous Substances Pollution Contingency Plan
(NCP) (40 C.F.R. Part 300).
76. Environmentally beneficial Federal agency actions that protect, preserve, or restore the
natural resources of the coastal zone (e.g., tidal wetlands mitigation or restoration projects).
77. Natural resource management planning and implementation where the underlying natural
resource management decisions have been analyzed in a federal Environmental Assessment
(EA) or Environmental Impact Statement (EIS).
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