20030226 Ver 1_COMPLETE FILE_20030228

UNITED STATES
?R TENNESSEE VALLEY AUTHORIT
MAPPING SERVICES BRANCH

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Y 1
Action Id. 200131348
county Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Metropolitan Sewerage District of Buncombe County
Attn: Thomas E. Hartye, P.E., General Manager
Address: Post Office Box 8969
Asheville, North Carolina 28814
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.): Tomahawk Branch between Lake
Tomahawk Dam and a point approximately 4,500-feet southwest of the dam in Black
Mountain, North Carolina.
Description of Activity: to construct six subaqueous sewer line crossings of Tomahawk Branch in
conjunction with the Tomahawk Branch Interceptor-Sanitary Sewer Rehabilitation Project.
The line is to replace current deteriorated lines within the system.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
12 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict
accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached October
31, 2001 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above
is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of
Water Quality, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate
legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,
please contact the Corps Regulatory Official specified below.
Date 11/19/01
corps Regulatory Official David Baker
Expiration Date of Verification
11/19/03
Telephone No. [phone], extension 6
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
CFBAW Fw= 991
Revba )dy 1999
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Permit Number: 200131348
Permit Type: NW 12
Name of County: Buncombe
Name of Permittee: Metropolitan Sewerage District of Buncombe County
Date of Issuance: November 19, 2001
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
October 31, 2001 . 1 t E C i"" 1% 1r-r)
Mr. David Baker NOV
U 'LUU1
U.S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208 c
Asheville, North Carolina 28801-5006 CESAV% - %0 %0*- A
SUBJECT: Metropolitan Sewerage District of Buncombe County Nationwide 404 Permit Application
Tomahawk Branch Interceptor Rehabilitation Project, Tomahawk Branch
Buncombe County, North Carolina
,Dear Mr. Baker:
The Metropolitan Sewerage District of Buncombe County (MSDB) is requesting a letter of
concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. I have reviewed information provided by the applicant, and I am familiar
with habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d).
The applicant proposes to replace deteriorating sewer lines that are leaking raw sewerage along
Tomahawk Branch. The project begins at the Lake Tomahawk Dam and extends approximately 4,500 linear
feet in a southwesterly direction. There are six proposed creek crossings.
The Division of Water Quality classifies Tomahawk Branch as B. The stream is not designated as
trout water by the NCWRC. However, Tomahawk Branch flows to the Swannanoa River, which is designated
hatchery-supported trout water.
Long-term this project should benefit water quality due to the removal of a pollution source.
However, we are concerned about the short-term construction impacts, especially sedimentation and removal
of canopy cover.
We can concur with the issuance of a 404 permit for this project provided the following conditions are
adhered to.
Under no circumstances should rock, sand, or other materials be dredged from the stream channel
under authorization of this permit, except in the immediate vicinity of the sewer line crossing.
2. Excavation of the stream crossings should be conducted in the dry. Sandbags, cofferdams,
flexible pipe, or other diversion structures should be used to minimize excavation in flowing
water.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]
Tomahawk Branch Sewer Rehabilitation
Tomahawk Branch, Buncombe County
October 31, 2001
3. If concrete is used to encase the sewer line, adequate precautions must be taken to prevent direct
contact between wet concrete and stream water. Water that has been exposed to live concrete
should be pumped out of the cofferdams and not discharged to surface waters since it may have an
elevated pH.
4. Adequate sedimentation and erosion control measures must be implemented and maintained on the
project site to minimize impacts to downstream aquatic resources. Permanent herbaceous
vegetation should be established within 15 working days of ground disturbing activities to provide
long-term erosion control. Erosion control matting in conjunction with appropriate seeding should
be used at disturbed sites at stream crossings and areas that are adjacent to streams.
5. If sewer lines are installed adjacent to streams, an undisturbed buffer zone should be left between
streams and all construction if possible. We prefer buffer zones of at least 50 feet to control
sedimentation, provide shade over the stream and maintain a travel corridor for wildlife.
6. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible at the
stream crossings. Trees and shrubs that must be removed should be cut near ground level, leaving
the stump and roots in the bank for stability and to possibly sprout.
7. Natural materials should be used as much as possible to restore the streambank at the crossing.
Riprap should be limited to the streambank below the high water mark; and native vegetation
should be used for stabilization above high water.
8. All mechanized equipment operated in or near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
9. Old sewers should be removed at stream crossings since these may block fish passage and catch
debris, which could result in erosion of banks.
Thank you for the opportunity to review and comment on this project. Pending availability of field
staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding
these comments, please contact me at [phone].
Sincerely,
Owen . Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Thomas E. Hartye, P.E.; MSDB
NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
1MRCH 9. 2000
Utility Line Activities. Activities required for the construction, maintenance, and repair of utility
lines and associated facilities in waters of the United States as follows:
.(i) Utility lines: The construction, maintenance, or repair of utility lines, including outfall and
intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States, provided there is no change in preconstruction contours. A "utility
line" is defined 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 (see Note 1, below). Material resulting from trench excavation may be
temporarily sidecast (up to three months) into waters. of the United States, provided 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 not to exceed a total of 180 days,
where appropriate. In wetlands, the top 6" to 12" of the trench should normally be backfilled with
topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to
drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french
drain effect). For example,.utility line trenches can be back-filled with clay blocks to ensure that
the trench does not drain the waters of the United States through which the utility line is
installed. Any exposed slopes and stream banks must be stabilized immediately upon completion
of the utility line crossing of each waterbody.
(ii) Utility line substations: The construction, maintenance, or expansion of a substation
facility associated with a power line or utility line in non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in the
loss of greater than \1/2\ acre of non-tidal waters of the United States.
(iii) Foundations for overhead utility line towers, poles; and anchors: The construction or
maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of
the United States, provided the foundations are the minimum size necessary and separate
footings for each tower leg (rather than a larger single pad) are used where feasible.
(iv) Access roads: The construction of access roads for the construction and maintenance of
utility lines, including overhead power lines and utility line substations,-in non-tidal waters. of the
United States, excluding non-tidal wetlands adjacent to tidal waters, provided the discharge does
not cause the loss of greater than \1/2\ acre of non-tidal waters of the United States. Access roads
shall be the minimum width necessary (see Note 2, below). Access roads must be constructed so
that the length of the road minimizes the adverse effects on waters of the United States and as
near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or
geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations
in waters of the United States must. be properly bridged or culverted to maintain surface flows.
The term "utility line" does not include-activities which-drain a water of the United States,
such as drainage tile or french drains; however, it does apply to pipes conveying drainage from
another area. For the purposes of this NWP, the 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. Activities authorized by paragraphs (i) through (iv) may not
exceed a total of \1/2\ acre loss of waters of the United States. Waters of the United States
temporarily affected by filling, flooding, excavation, or drainage, where the project area is
restored to preconstruction contours and elevations, are not included in the calculation of
permanent loss of waters of the United States. This includes temporary construction mats (e.g.,
timber, steel, geotextile) used during construction and removed upon completion of the work.
Where certain functions and values of waters of the United States are permanently adversely
affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently
maintained utility line right-of-way, mitigation will be required to reduce the adverse effects of
the project to the minimal level.
Mechanized landclearing necessary for the construction, maintenance, or repair of utility lines
and the construction, maintenance, and expansion of utility line substations, foundations for
overhead utility lines, and access roads is authorized, provided the cleared area is kept to the
minimum necessary and preconstruction contours are maintained as near as possible. The area of
waters of the United States that is filled, excavated, or flooded must be limited to the minimum
necessary to construct the utility line, substations, foundations, and access roads. Excess material
must be removed to upland areas immediately upon completion of construction. This NWP may
authorize utility lines in or affecting navigable waters of the United States, even if there is no
associated discharge of dredged or fill material (See 33 CFR Part 322).
Notification: The permittee must notify the District Engineer in accordance with General
Condition 13, if any of the following criteria are met:
(a) Mechanized land clearing in a forested wetland for the utility line right-of-way;
(b) A Section 10 permit is required;
(c) The. utility line in waters of the United States, excluding overhead lines, exceeds 500 feet;
(d) The utility line is placed within a jurisdictional area (i.e., a water of the United States), and
it runs parallel
to a stream bed that is within that jurisdictional area;
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(e) Discharges associated with the construction of utility line substations that result in the loss
of greater than \ 1 / 10\ acre of waters of the. United States;
(f) Permanent access roads constructed above grade in waters: of the United States for a
distance of more than 500 feet; or .
(g) Permanent access roads constructed in waters of the United States with impervious
materials. (Sections 10 and 404)
Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are
routed in or under Section 10 waters without a discharge of dredged or fill material require a
Section 10 permit; except for pipes or pipelines used to transport gaseous, liquid, liquefiable, or
slurry substances over navigable waters of the United States, which are considered to be bridges,
not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the
Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated
with such pipelines will require a Corps permit under Section 404.
Note 2: Access roads used for both construction and maintenance may be authorized, provided
they meet the terms and conditions of this NWP. Access roads used solely for construction of the
utility line must be removed upon completion of the work and the area restored to
preconstruction contours, elevations, and wetland conditions. Temporary access roads for
construction may be authorized by NWP 33.
Note 3: Where the proposed utility line is constructed or installed in navigable waters of the
United States (i.e., Section 10 waters), copies of the PCN and NWP verification will be sent by
the Corps to the National Oceanic and Atmospheric Administration, National Ocean Service, for
charting the utility line to protect navigation.
3
NATIONWIDE PERMIT #12: UTILITY LINE BACKFILL AND BEDDING
SECTION 10 AND 404
PERMIT CONDITIONS
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. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be.
used and maintained in effective operating condition during construction, and all exposed soil
and other fills, as well as any work below the ordinary high water mark or high tide line, must be
permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may 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. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil 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.with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification and Coastal Zone Management Act consistency determination.
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; unless the
appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely effect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S: Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality Certification. The permittee must comply with all conditions of General Water
Quality Certification No. 3288, issued by the North Carolina Division of Water Quality
(NCDWQ) on June 1, 2000.
4
10. Coastal Zone Management.. The North Carolina Division of Coastal Management
(NCDCM), has waived consistency.
11. Endangered Species.
.. a. 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 designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on 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. For activities that may affect
Federally-listed endangered or threatened species or designated critical habitat, the notification
must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed
work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWP's.
b. Authorization of an activity by a NWP does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries
Service or their World Wide Web pages at http://www.fws.gov/r9endspp/endspp.html and
http://nfms.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 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 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. Informations 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)). For activities that may affect
historic properties listed in,. or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
5
I' . Notificatiom
a. Timing. Where required by the terms of the NWP, the prospective permittee must notify
the District Engineer with a PreConstruction Notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and
can request the additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the PCN is still incomplete and-the
PCN review process will not commence until all of the requested information has been received
by the District Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing 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 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written 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); and
b. Contents of notification. The notification must. be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; and 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) The'PCN must also include a delineation of affected special aquatic sites, including
wetlands, vegetated. shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and
pool complexes (see paragraph 13(f));
c. Form of Notification: The standard individual permit application form (Form. ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all the information required in b.(1)-(4) of General Condition 13. A letter containing the
6
requisite information may also be used.
. d. District Engineer's Decision: In reviewing the PCN for the proposed- activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than
minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the
PCN to expedite the process and the District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the Aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the effects on the aquatic environment are minimal, the District Engineer will notify the
permittee and include any conditions the District Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer
will expeditiously review the proposed compensatory mitigation plan. The District Engineer
must review the plan within 45 days of receiving a complete PCN and determine whether the
conceptual or specific proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the District
Engineer to be minimal, the District Engineer will provide a timely written response to the
applicant stating that the project can proceed under the terms and conditions of the nationwide
permit.
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;
(2) that the project is authorized under the NWP subject to the applicant's submission of
a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
(3) that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required in order to ensure
no more than minimal adverse effects on the aquatic environment, the activity will be authorized
within the 45-day PCN period, including the necessary conceptual or specific mitigation or a
requirement that the applicant submit a mitigation proposal that would reduce the adverse effects
on the aquatic environment to the minimal level. When conceptual mitigation is included, or a
mitigation plan is required under item (2) above, no work in waters of the United States will
occur until the District Engineer has approved a specific mitigation plan.
7
e. Agency Coordination. The District Engineer will consider any comments from Federal
and State agencies concerning the proposed activity's compliance with the terms and conditions
of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic
environment to a minimal- level.
For activities requiring notification to the District Engineer that result in the loss of greater
than % acre of waters of the United States, the District Engineer will, upon receipt of a
notification, provide immediately (e.g., via 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, State Historic Preservation Officer (SHPO), and,
if appropriate, the National Marine Fisheries Service. { With the exception of NWP 37) These
agencies will then have 10 calendar days from the date the material is transmitted to telephone or
fax the District Engineer notice that they intend to provide substantive, site-specific comments.
If so contacted by an agency, the District Engineer will wait an additional 15 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, except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered.
As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to National Marine Fisheries
Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f.. Wetlands Delineations. Wetland delineations must be prepared in accordance with the
current method required by the Corps. {For NWP 29 see paragraph (b)(9)(iii) for parcels less
than % acre in size.) 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 45-day period will
not start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
g. For activities that may adversely affect Federally-listed endangered or threatened species,
the PCN must include the name(s) of those endangered or threatened species that may be affected
by the proposed work or utilize the designated critical habitat that may be affected by the
proposed work.
h. For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected
by the proposed work or include a vicinity map indicating the location of the historic property.
is For NWP 12, where the proposed work involves discharges of dredged or fill into waters
of the United States resulting in permanent, above-grade fills within I00-year floodplains (as
identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps),
8
the notification must include documentation demonstrating that the proposed work complies with
the appropriate FEMA or FEMA-approved local floodplain construction requirements.
. j. For activities-that may adversely affect Federally-listed endangered or threatened species,
the PCN must include the name(s) of those endangered or threatened species that may be affected
by the proposed work or utilize the designated critical habitat that may be affected by the
proposed work.
k. For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected
by the proposed work or include a vicinity map indicating the location of the historic property.
14. Compliance Certification. Every permittee who has received a Nationwide permit . .
verification from the Corps will submit a signed certification regarding the completed work and
any required mitigation. The certification will be forwarded by the Corps with the authorization
letter. The certification will include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the permit
conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public
water supply intake except where the activity is for repair of the public water supply intake
structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United .
States or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations,. unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may consist of unsuitable material (e.g.,
9
trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be
free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse
effects to waters of the United States to. the maximum extent practicable at the project site (i.e.,
on site). Mitigation will be required when necessary to ensure that the adverse effects to the
aquatic environment. are minimal. The District Engineer will consider the factors discussed
below when determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than minimal
a. Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National Policy, the District Engineer will establish a
preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with
preservation used only in exceptional circumstances.
b. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed;
c. The District Engineer will require restoration, creation, enhancement, or preservation of
other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure
that the adverse effects on the aquatic environment are minimal. An important element of any
compensatory mitigation plan for projects in or near streams or other open waters is the
establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to
open waters on the project site. The vegetated buffer should consist of native species. The
District Engineer will determine the appropriate width of the vegetated buffer and in which cases
it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the
stream, but the District Engineer may require wider vegetated buffers to address documented
water quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on
the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the
remaining compensatory mitigation acreage after the permanently filled wetlands have been
replaced on a one-to-one acreage basis. In addition; compensatory mitigation must address
adverse effects on wetland functions and values 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 NWPs (e.g.,
for NWP 39, 1/4 acre of wetlands cannot be created to change a %2 acre loss of wetlands to a'i/4
acre loss; however, % acre of created wetlands can be used to reduce the impacts of a 1/3 acre
loss of wetlands). If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed.
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d. To the extent appropriate, permittees should consider mitigation banking and other
appropriate forms.of compensatory mitigation. If the District Engineer determines that
compensatory mitigation.is necessary to offset losses of waters of the United States and ensure
that the net adverse effects of the authorized work on the aquatic environment are minimal,
consolidated mitigation approaches, such as mitigation banks, will be the preferred method of
providing.compensatory mitigation, unless the District Engineer determines that activity-specific
compensatory mitigation is more appropriate, based on which is best for the aquatic
environment. These types of mitigation are preferred because they involve larger blocks of
protected aquatic environment, are more likely to meet the mitigation goals, and are more easily
checked for compliance. If a mitigation bank or other consolidated mitigation. approach is not
available in the water shed, the District Engineer will consider other appropriate forms of
compensatory mitigation to offset the losses of waters of the United States to ensure that the net
adverse effects of the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of .
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and must not increase water flows from the project site, relocate water, or redirect
water flow beyond preconstruction conditions. In addition, the activity must, to the maximum
extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an
impoundment of water, adverse effects 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 practicable
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
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25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated
marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers,
critical habitat for Federally listed threatened and endangered species, coral reefs, State natural
heritage sites, and outstanding national resource waters or other waters officially designated by a-
State as having particular environmental or ecological significance and identified by the District
Engineer. after notice and opportunity for public comment.
a. Except as noted below, discharges of dredged or fill material into waters of the United
States are not authorized by NWP 12 for any activity within, or directly affecting, critical
resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill
materials into waters of the United States may be authorized by the above NWP in National Wild
and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges
may be authorized in designated critical habitat for Federally listed threatened or endangered
species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service has concurred in a determination of compliance with
this condition.
26. Fills within 100-year floodplains. For purposes of this general condition, 100-year
floodplains will be identified through the Federal Emergency Management Agency's (FEMA)
Flood Insurance Rate Mps or FEMA-approved local floodplain maps.
a. Discharge Below Headwaters. Discharges of dredged or fill material into waters of the
United States resulting in permanent, above-grade fills within the 100-year floodplain at or below
the point on a stream where the average annual flow is five cubic feet per second (i. e., below
headwaters), the prospective permittee must notify the District Engineer in accordance with
General Condition 13 and the notification must include documentation that any permanent,
above-grade fills in waters of the United States within the 100-year floodplain below headwaters
comply with FEMA or FEMA-approved local floodplain construction requirements.
b. Discharges in Headwaters (i.e., above the point on a stream where the average annual flow
is five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States
resulting in permanent, above-grade fills within the flood fringe of the 100-year floodplain of
headwaters are not authorized by NWPs 12, unless the prospective permittee notifies the District
Engineer in accordance with General Condition 13. The notification must include
documentation that such discharges comply with FEMA or FEMA-approved local floodplain
construction requirements.
(2) Floodway. Discharges of dredged or fill material into waters of the United States
resulting in -permanent, above-grade fills with the floodway of the 100-year floodplain of
headwaters, the permittee must notify the District Engineer in accordance with General
Condition 13 and the notification must include documentation that any permanent, above grade
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fills proposed in the floodway comply with FEMA or FEMA-approved local floodplain
construction requirements.
27: The permitee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, -of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will
be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
Special Regional Conditions
1. The following waters within the State of North Carolina will be excluded from use of
Nationwide Permits #12:
Discharges into Waters of the United States designated by the North Carolina Division of
Marine Fisheries as anadromous fish spawning area are prohibited during the period between
March 1 and May 30.
II. The following waters within the State of North Carolina will be subject to additional
notification requirements for activities authorized by Nationwide Permits # 12:
Before the nationwide permits listed above can be utilized in a designated "Outstanding
Resource Water" (ORW) (as defined by the North Carolina Division of Water Quality) or a
"Primary Nursery Area" (PNA) (as defined by the North Carolina Division of Marine
Fisheries) within the State of North Carolina, the prospective permittee must notify the District
Engineer with a preconstruction notification pursuant to the procedures identified in
Nationwide Permit General Condition # 13.
III. The following waters within the State of North Carolina will be subject to additional
notification requirements for activities authorized by Nationwide Permits #12:
A. Before the nationwide permits listed above can be utilized in a designated "Area of
Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must first obtain
the required CAMA permit and furnish a copy of the CAMA permit to the appropriate
Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box 1890,
Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889).
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B. Before the nationwide permits listed above can be utilized on a barrier island of North
Carolina, proponents must notify the Wilmington District Engineer in accordance with General
Condition 13 and furnish a written statement of compliance with.all of the conditions of the
applicable nationwide permit.
C. Before the nationwide permits listed above can be utilized in a "Mountain or Piedmont
Bog" of North Carolina, proponents must notify the Wilmington District Engineer in
accordance with General Condition 13 and furnish a written statement of compliance with all
of-the conditions of the applicable nationwide permit.
Note: The following wetland community types as identified by the N.C. Natural Heritage
Program document entitled, "Classification of Natural communities of North Carolina
(Michael P. Schafale and Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs
Swamp Forest-Bog Complex
Swamp Forest-Bog Complex (Spruce Subtype
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
Piedmont Bo
Upland depression Swamp Forest
D. Before the nationwide permits listed above can be utilized within twenty-five (25)
designated counties of North Carolina that contain trout waters, proponents must notify the
Wilmington District Engineer in accordance with General Condition. 13 and furnish a written
statement of compliance with all of the conditions of the applicable nationwide permit.
Notification will include a letter of comments and recommendations from North Carolina
Wildlife Resources Commission (NCWRC), the location of work, a delineation of wetlands, a
discussion of alternatives to working in the mountain trout waters and why alternatives were
not selected, and a plan to provide compensatory mitigation for all unavoidable adverse
impacts to the mountain trout waters. To facilitate coordination with the NCWRC, the
proponent may provide a copy of the notification to the NCWRC concurrent with the
notification to the District Engineer. The NCWRC will respond both to the proponent and
directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany
Ashe
Avery
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Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
To obtain the required letter from the North Carolina Wildlife Resources Commission, a
proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
1721 Mail Service Center
Raleigh, NC 27699-1721
Telephone [phone]
IV. Regional conditions for specific Nationwide Permits within the State of North Carolina are
as follows:
a. Measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the United States until the concrete has hardened.
b. Where riprap material is utilized to stabilize banks and to comply with Nationwide Permit
General Condition #3, Soil Erosion and Sediment Controls, the permittee is required to
utilize filter cloth prior to the placement of the riprap material.
C. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent
practicable.
d. Temporary discharge of excavated or fill material into waters of the United States including
wetlands will be for the absolute minimum period of time necessary to accomplish the
work. Temporary discharges will be fully contained with appropriate erosion
control/containment methods or otherwise such fills will consist of non-erodible materials.
e. The areas of waters of the United States that are disturbed will be limited to the minimum
necessary to install the utility line. The work area authorized by this permit, including
temporary access roadways and permanent fills will be minimized to the greatest extent
practicable. Justification for work corridors exceeding forty (40) feet in width is required
15
and will be based on pipeline diameter and length, size of equipment required to construct
the utility line, and other construction information deemed necessary to support the request.
The applicant is required to provide this information to the District Engineer with the initial
notification package.
f. Temporary access roadways will not span more than one-half the distance across any
waters of the United States including wetlands at any one time.
g. In areas where a subaqueous utility line is to cross a Federally maintained channel, i.e., the
Atlantic Intracoastal Waterway (AIWW), it will be buried at a minimum depth of six (6)
feet below the depth of the authorized channel. In other areas where subaqueous lines are
subject to interfere with navigation, they will be installed at a minimum depth of two (2)
feet below the substrate.
h. The minimum clearance for aerial communication lines, or any lines not transmitting
electrical power, will be ten (10) feet above the clearance required for stationary bridges in
the vicinity as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has
not established a bridge clearance, minimum vertical clearances for power and aerial lines
will not be less than required by Section 23, Rule 232, of the latest revision of the National
Electrical Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1,
Item 7, ANSI C2.
i. The clearance for an aerial line is based on the low point of the line under conditions that
produce the greatest sag, taking into consideration temperature, load, wind, length or span
and the type of supports. The minimum clearance for an aerial electrical power
transmission line will be governed by the system voltage as indicated below:
Nominal System
Voltage, kilovolt
115 and below
138
161
230
350
500
700
750 to 765
Minimum Clearance
Above Bridge Clearance
(As Established by the U.S. Coast Guard)
20 feet
22
24
26
30
35
42
45
j. A plan to restore and revegetate wetland areas cleared for construction must be submitted
with the required preconstruction notification. Cleared wetland areas will be revegetated to
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written concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A NCAC 2B .0259
and .0250 and 15A NCAC 2H .0500. New development activities located in the protected 50-
foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico
and Randleman River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and .0250. All new development
shall be located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management practices.
Activities listed as "exempt" from these rules do not need to apply for written concurrence under
this Certification;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters
of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator and in strict accordance with product labeling;
9. Placement of riprap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Riprap may only be used below the normal high water level. The
stream berm must be restored to the original contour after construction. Placement of rip rap or
other materials shall not result in de-stabilization of the stream bed or banks upstream of
downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored within two months after the Division of Land Resources has released
the project;
12. Annual species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to
the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width practicable
18
the maximum extent practicable with native species of canopy, shrub, and herbaceous
species. Fescue grass will not be utilized.
k. A compensatory mitigation plan for activities under this nationwide permit will be submitted
with all required preconstruction notifications.
STATE CONSISTENCY CONDITION
Consistency waived.
WATER QUALITY CERTIFICATIONS CONDITIONS
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate.
Any condition in this Certification which the applicant believes cannot be met requires an
application and written concurrence from DWQ. Also, Condition No. 6 is applicable to all
streams in basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CANIA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
3. In accordance with 15A NCAC 21-1.0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any project
with Buffer Rules in effect at the time of application. A determination of buffer, wetland and
stream mitigation requirements shall be made by DWQ for any Certification involving written
concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet
(3 meters) to a stream. Utility lines shall not cross a stream channel at other than a near-
perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75
degrees or more than 105 degrees to the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000
USGS topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall
be installed with no joints connected within the footprint of a stream channel or within 2 feet of
the stream banks. Otherwise, written concurrence from DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires
17
and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3 meters)
by 10 feet (3 meters) perpendicular vehicle turnaround must be spaced at least 500 feet (152.4
meters) apart. Written concurrence is required if the maintenance corridor is greater than 10 feet
(3 meters) wide except that a maintenance corridor larger than ten feet is acceptable for gas
pipelines as long as mitigation is provided for additional wetland fills to the maintenance
corridor beyond those widths specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC
pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland
crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-seep
collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section
and plan view diagram is attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c. Maximum water-cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee
will have a specific plan for restoring wetland contours. Any excess material will be removed to
a high ground disposal area;
18. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
All water quality-related conditions of the FONSI or ROD shall become conditions of this
Certification;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional
Office must be contacted to determine if Coastal Stormwater Regulations still apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
19
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is
acceptable when compensatory mitigation is required as long as the Wetlands Restoration
Program agrees in writing to accept this payment. Other mitigation plans must receive written
DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence is
required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
24. Concurrence from DWQ that this Certification applies to.an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 12 or Regional Permit 198100049 whichever is sooner;
25. When written concurrence is required, the applicant is required to use the enclosed
Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed. Non-compliance with or violation of the conditions herein set forth by a
specific fill project may result in revocation of this Certification for the project and may also
result in criminal and/or civil penalties.
20