20100310 Ver 1_Mitigation Information_20141008 (2)

u.s. A� coxrs oF ENG��vEERs
WII1M]NGTON DYSTRICT
Action ID: SAW- �OlOQ077S County: Johnson USGS Quad: NC-Pawhatan
GENE1tAL PERMIT [REGY4NAL AND NATIQNW.[DE) VERIFICATI�N
Property Owner 1 Authoriaed Agent: NC De artment of Trans ortation
Address: Att�: Chad Co ins 1]-0 En�iranmental Qf�icer
Pos# Office Eog 3I65
Wilson, Narth Carolina 27895
Telephone No.: 25�-29G-3532
Size and location of praperty {water bady, road namelnumber, tawn, etc.}: 10 care site laeated NE af Telecris
Biopharmecenticais, near Clavton, Johnson,Connty, Narth Carolina;
Descriptian of projects area and activity: A Iicant ro oses to construct roadwa crossin lacin a 65' b 4'
cul�ert and impact�n� �.Ub acres oF wetlands in a UT of the Neuse Ri�er .
Apg�icable Law: � Section 444 {Clean Water Act, 33 USC I344}
❑ Section 10 {Ri�ers and Harbors Act, 33 USC 4Q3}
Authorir�a.tion: Regional General Permit Numher:
Nationwide Pernut Number: N W14
YoUr work is authorized by the abo�e referenced permit pro►�ided it is ac�omplished in strict accordan�e witb the atta�bed
conditions and your submitted plans. Any violation aFthe attached conditions or deviatinn from your suhmitted plans may subject the
permittee to a stop work order, a restora[ion arder andlor appropriate legal a�tion.
This �erificatian is �aIid until the AiWP is modified, reissued, or re�oked. AIl oF the existing ATWPs are scheduled to be�vdified,
reissued, or revoked prior to March I8, 2a12. It is incumbent upon you ta remain inFormed of �hanges ta the NWPs. We wiil issue a
puhiic notice w�en the NWPs are reissued. Furthernwre, if you commence or are under cantract to �ommence this acti�ity �efore the
date that the rele�ant natianwide pemut is modi�Ced or revoked, you wilI ha�e tuvelve [ 12) months from the date af the modification vr
re�ocatian of the NWP to camplete the ac�i�ity under the present terms and canditions of this nationwide permit
Aci�►+ities subject to Section 444 {as indicated abo�e] may also require an indi�idual Section 441 Water Qua�ity Certificatian. You
should contact the NC Divisian of Water Quality (telephone (919} 733-178G} ta determine Sectiou 4U1 requirements.
For activities occurring within the twenty coastal counties subject ta xegulation under the Caastal Area Management Act (CAMA},
prior bo beginning wark you must cantact the N.C. Di�isian of Coastal Management .
This Department af the Army �erificatian does not reIieve the pernuttee oFthe respvnsibility to obtain any other requized Federat,
State ar local appro►raLslpemuts.
If thez'e are any questions regarding tlris �eri�caiian, any of the �ondifions af the Permi� or the Corps of Engineers regulatory
program, please contactTom Steffen�q at 91 �-251 �6 I S.
Corps Aegulatary dfficial
Expiration Date of Verification:
$ Date: �51U712D10
The Wilmiugton Distr-ict is committed to pm�iding the highest le�el of sugpart to the public. To heFp us ensure we conti.nue to da so,
please complete the L�stamer Satisfaction Survey Iocated at our website at http:llre�ulatory.usacesurvey.coml tv complete the s�+ey
online.
Page I of 2

Determinatia� of Jurisdictioa:
� Eased on preliminary infarmation, there appear io be waters of irhe US including wedands within the abo�e described project area.
This preliminary determination is not an appeaiable a�tion uuder ttze Regulatory Program Administraf�ve Appeal Prncess
( Referenee 33 CFR Part 331). �
❑ There are Na►�igable Waters of the United 5tates within the abave described project area subject to the permit requirements of
Sectian 10 oF the Ri�ers and Harhors Act and Section 404 af the Clean Water Act. �C.Tnlcss there is a change in the ]aw or our
puhlished regulations, this determination may be relied upon for a period not to exceed fi►+e years fram tI1e da#e uf this
natifi�atian.
❑ There are waters af �he US andlar wetlauds within the abo�e descnbed project area su6je�t to the permit requirements of Section
404 vf the Clean Water Act (CWA){33 USC § 1344). Unless there is a change in the law or our published zegulations, this
determination may be relied upon far a period not to exceed fi�e years from the dafe oF this notification.
❑ T°he jurisdictional areas within the aho�e descn'6ed project area i�a�e been idenri�ed under a previous aciio� Ftease referen�e
jurisdictional determination issued . Aciion m
Basis oF Jurisdi�tional Determinaiion:
Appeals Infot'matiOII (T�is information appIies a�ly to appro�ed jurisdictional determina�oas.)
Ai#ached to t�is verification is an appro�ed 3urisdictional determination. If you are not in agreement with that appro�ed jurisdictionai
detemiinarioq you can make an adminis�ati�e appeal under 33 CFR 331. Enctosed you will find a Nvtifir.ation of Appeal Process
[NAP} fact sheet and request For appeal {RFA} Form. I£ you request to appeal this detexmination you must submit a completed RFA
farm m the following address:
District Engineer, Wilmington �egulatory Division
Attri:Tam Stef%ns, Project Manager,
Was}zington Reguiatory Field �fftce
Past O�'-tce Box 1000
Washingtuq North Cazolina 27$ 89
In order for an RFA to he a�cepted by the Carps, the Corps must determine that it is complete, that it meets the cr�teria for appeal
under 33 CFk part 331.5, and that it has heen re�eived by the District Qftice witiun. 6D days of the date of the NAP. Should you
decide to submit an RFA form, it �►ust be recei�ed at the abo�e address by
*�It is not necessary ta submit A to the Distxict Office iFyau do nvt ohje�t to the deterrninatinn in this correspandence.**
Corps Regulatory �tYicial: �
Date Q51071241� Expiratian Date 45/07/2015
SL]ItVEY PLATS, FIELD SKETCH, WETLAND DELINEATI�N FORMS, PA03EGT PLANS, ETC., MUST BE
ATTACHED TO THE FTLE C4PY �F THIS F�RM, IF REQUIRED aR AVAILABLE.
Copy Fumished:
AG-W
Page Z of Z

Action ID Nnmber:�fll U4Q775
Permittee: NCDUTIC. Cag�i�asIDE�IDi� 4
Date Verification Issued: O51U7J�D�fl
Project Manager: Ta�n 5teffens
County:Jahnson
Upon completian af tbe acti�ity suthvrized by this permit and any mitigation required by thc permit,
sign this certificativn and return it to the fvllowing address:
US ARMY CDRPS DF ENGINEERS
WII�MINGTON DISTRICT
WILM1NGTaN REGULAT�RY FIELD UFFICE
rosT oF�zcE Box �s9a
WYLMINGTUN, NQRTH CARULINA 284�2-1$9Q
PIease note that yvur permitted acti►�ity is su�jeci to a compliance inspe�tion by a iI. 5. Army Corps of
Engineers representati�e. If you iail to comply with this permit you are subject to permit suspension,
modification, ar re�ocatian.
I hereby eertify that the wark aufhorized by the aba�e referenced permit has been campleted in
accardance with the terms and conditinn of thc said permit, and reqnired mitigativn was compleEed in
accardance with the permit canditions.
5ignature of Permittee Date

NA'T��NWIDE PERMIT 14
DEPARTMENT UF THE ARMY
CURPS OF ENGINEERS
FIIVAL NOTICE OF ISSLTANCE AND MDDIFICATI�N �F NATIUNWIDE PERNIITS
FEDERAL REGISTER
AUTH�RIZED MARCH 19, 2007
Linear Transpurtation Prvjeets_ Activities required fvr the construction, expansian,
modification, or impro�ement of linear transportation projects (e.g., raa�s, highways, railways,
trails, auport runways, and taxiways) in waters of the L7nited States. For linear #ransportatian
projects in nan-tidal waters, the discharge cannot cause the Ioss of greater than 112-acre of waters
of the U�nited States. For linear transportation projects in tidal waters, the discharge �annot cause
the loss of gxeater thar► 113-acre of waters af th�e LTnited States. Any stream channel cxaodafication,
includuig bank stabilization, is lunited tu the xniniinum necessary to construct ar pz'ote�t tY�e
linear transporta�ion prvje�t; such modifications must be in the imrnediate vicinity of the project.
This NWP also authorizes temparary st�ru�iures, fills, and wnrk ne�essary Eo cons#xuct the
linear transpo�iation project. Appropriate �t�neasures must �e taicen to maintain nornial
downstream flows and minimize flooding to the ma7cimum extent practicable, when ternporary
structures, wark, and discltar'ges, in�luding cofferdams, are necessary for construction acti�ities,
access fills, ar dewatering of construction sites. Temparary �lls must consist of rnaterials, and be
placed in a manner, that will not be eroded by expected high flows. Temporary fills rnust be
removed in their en�irety and the affected areas returned to pre-construction ele�ations. The areas
affected by temporary �lls must be re�egetated, as appropriate.
This NWP cannot be usecl ta authoriae nor�-linear feat�►res comnnonly associated with
tra.n�spoRation projects, su�h as vehicle maintenan�e or starage buildings, parking lats, train
stations, or aircraft hangars.
Notification: The pernuttee must submit a pre-construction notification to tY�e �istrict
engineer prior to com�men�ir�g the acta�ity if: { 1} ihe loss of waters of the i3nited States exceeds
]I10 acre; or (2} tlaere is a dis�harge in a spe�ial ayuatic site, including wetlands. (See general
condition 27.) (Sections 10 and 404}
Note: Sorne discharges fvr the constructivn of farm roads or forest roads, ar temporary
roads for mo�ing zzaining ac�uipmen�t, may qnalify for an exemption under Section 404[f} of the
Clean Water Act (see 33 CFA 323.4).

nrATTo�wmE rERnarT colvnlTTONs
The followin General Conditions must be foilowed in arder for an autiiorizatian b a NWP to
be �alic�:
1. Navigatian. (a} No activity rnay cause more than a mznimal ad�erse ef�ect on
na�igat7ian.
(h} Any safery lights and signals pres�ribed by the U.S. Coast Guard, through regulatians
ar otherwise, must be installed and rnaintained at the permittee's expense on au#k�orized facilities
in navigahle waters of the Un�ied States.
(c} The pexxnittee understands aaad agrees that, if fufure operations by the Llnited States
requu'e t�e remo�al, relocation, or other alteration, of the structure or work herein authori�ed, or
if, in the opinian af the Secreta.ry of the Army or his authorixed representati�e, said structure ar
wark shall ca�xse unreasonable obstruction to t1�e free na�igat�nn of the na�igable watez-s, the
permittee will be required, upon due notice froar► the Cor�as of Engineers, to remo�e, relocate, or
alter the s�ructural work or obstructians caused thereby, without expen.se to the llnite� States. No
clairn shall be made against the United States on account of any su�h removal or alteration.
2. Aquati� Life Movements. No activiiy rnay substantially disrupt the necessary life cyc�e
movements of those spe�ies of aquati� life indigenous to the waterhody, including those species
that normally migrate through the area, unIess the acti�iry's pri_mary purpose is to i_mpaund
water. Culverts glaced in streams must be installed ta maintain low flow cvndi#ions.
3. 5nawning Areas. Acti�ities in spawning areas durin�g spawning seasons zxiust be
avoided to the maxirnum extent practicable. A�ti�ities that result in the physical destruction (e.g.,
thrvugh excavatian, fill, nr dawnstreaxn s�othering by substantial turbidity) of an important
spawning area are not authoriaed.
4. Mi rato Bird Breedin Areas. Activities in waters of the United States that ser�e as
breeding areas for �igratury birds musC be avoided to the maximum extent practicable.
5. Shell�sh Beds. Nv acti�vity rnay occur in areas of aoncentrated shellfish populations,
unless #he acti�ity is directly related to a shelifish harvesting a�ti�ity autharized by NW�s 4 and
48.
6_ Suitable Material. No a�tivity may use unsuitable znaterial (e.g., trash, debr�s, car
bodies, asphalt, etc.}. Materia� used for construction or dascharged must be free from toxic
pollutants in toxic arnounts {see Sectian 307 of the Clean Water Act).
7. Water Su 1 Intakes. Nv activity may occur in the proximity of a publi� water supply
intake, except where the actirrity is for the repazr or imp�ro�vement of puhlic water supply intake
structures or adjacent banlc stabilization.
S. Adverse Effects From Im oundments. If the acti�ity �reates an itr�poundm�ent of water,
adverse efFects to the aquati� syste�n due to a��elerating the passage of water, andlor reslricting
its flow must be minimized to the maximutn extent practica171e.
2

9. Management of Water Flows. To the maximum extent pract�cable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each acti�ity,
including stream channelization and storm water management acti�ities, ex�ept as pro�ided
below. The acti�iry must be constructed to withstand expected high flows. The acri�ity must not
restrict or impede the passage of narmal or lugh flows, uxiless the primary gurpose of the acti�ity
is to impound water or manage high #lows. The acri�ity may alter the pre-�onstruction course,
condition, capacity, and location of open waters if it benefits the aquatic environtlaent (e.g.,
stream restoration or relocai�on acti�ities).
10. Fills Within 100-Year Fload lains. The a�tiviry must comply with applicable FEMA.-
appro�ed state or local floadplain management requirements.
11. Equipment. Heavy equipment worlang in wetlands ar �mudflats must be placed an
mats, or other measures must be take�n to minirnize soil disturbance.
12. Soil Erosian and 5adiment Controls. Appropriate soil erosion and sediment cantrvls
must be used and maintained in effective operating condition during constru�tioq and all
exposed soil and ather �lis, as well as any work below the ordinary high water mark or high tide
line, must he permanent�y stabilized at the earliest practicahle date. Permittees are encouraged to
perfarm work within waters of the United SCates during periods of low-flow or na-flow.
13. Removal of Temporarv Fills. Teinparary fills must be remo�ed in their entirery and
the affected areas returned to pre-construction ele�ations. The affe�ted areas must be
rev egetated, as appmpriate.
14. Proper Maintenance. Any authoriaed stru�ture or fill shall be properly maintained,
including maintetaan�e to ensure public safety.
15. Wild and 5cenic Ai�vers. No activity may oc�ur in a �omponent of the National Wild
and S�eni� River System, ar in a ri�er afhcially designated by Cangress as a"study river" for
possihle inclusion in the sysCem while the ri�er is in an official study status, unless the
appr+opriate Federal agen�y with direct rxaanagement responsibility fvr such ri�er, �as detennined
in writing that the proposed acti�ity will not adversely affe�t the Wild and Sceni� River
designation or study.status. Tnformation on Wild and Scenic Rivers may be o�tained from the
appropriate Federal Iand marxagement agency in the area (e.g., Natianal Park Service, U.S. Forest
Servi�e, Bureau af Land Management, U.S. Fish and Wildlife Service}.
16. Tribal Ri�. Nv activity or its operation may impair rese�ed tribal rights, including,
but nat limited to, reserved water rights and treaty fishi.ng and hunting rights.
17. Endangered Species. {a) No acti�ity is autho�rixed under any NWP whi�h is likely to
jeopardize the continued existence of a threatezaed or endangered spacies or a species proposed
far such designataon, as identified under the Federal Endangered Species Act {ESA), or which
will destroy or adversely modify the criri�al habitat of such species. No activity is suthorized

under any NWP whi�h "nnay affe�t" a listed species vr critical habitat, unless Section 7
�onsultation addressing the effects of the pmposed activity has heen campletad.
(b} Federal agen�ies should follaw their own prucedures for complying with the
requirements of the ESA. Federal permittees tnust provide the district engineer with the
appropriate documentation to demonstrate cornplian�e with those requirexnents.
{c) Nan-federal permittees shall natify the district engineer if any listed species or
designated critical habitat might be afFacted or is in the �icuury of the project, ar if the prnje�t is
located in designated criti�al habitat, and shall not begin work on the a�tiviry until notified by the
distri�t engineer that the requirements of the ESA ha�e been satisfied and that the acti�ity is
authorized. For aGti�ities that might af�ect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction nati�cation must include the name(s} of the
endangered ur threatened spe�ies that may be affected by the proposed wark or that utilize the
designated critical habitat that may be affected by the proposed worlc. The district engineer will
detennine whether the proposed activity "may a�fect" or will ha�e "no effect" ta listed species
and designated �riticat habitat and will noti�y the non-Federal applicant of the Corps'
detenminativn wit�in 45 days of re�eipt of a complete pre-construction notiiication. Zn cases
where the non-Federal applicant has identified listed species or critical babitat that znight be
affected or is in the vi�inity of �he pro�ect, and has so notified the Cnrps, the applicant shall not
begin work until the Corps has provided notificarion the pmposed acti�+ities will ha�e "nv effect"
vn listed species or critical habitat, or until Section 7 consultation has been completed.
{d} As a result vf formal or informal consultation with the FWS or NMFS the district
engineer may add spacies-speci�ic regional endangered species canditians to the NWPs.
(e} A�thorization of an acti�ity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absen�e of separate authorizatian (e.g., an
ESA Section 10 Permit, a Biological Upinion with "incidental take" provisions, etc.} from the
Z3.S. FWS or the IVIVIF'S, both lethal and non-lethal "takes" of protected spe�ies are in violation
of the ESA. Infozrnation an the lo�ation of threatened a3nd endangered species and their critical
hahitat can be obtained directly frotzi the offices of the U.S. FWS and NMFS or their wnrid wide
Web pages at http:llwww.fws.go�l and http:llwww.naaa-go�lfisheries.html respecti�ely.
18. Histori� Pro erties. (a} In �ases where the district engineer determines that the
a�tivity nnay affeat gropexties listed, or eligih}e for listing, in the National Register af Historic
Places, the a�ti�ity is not autho�rized, until the requirements of Section l �C of the National
Historic Preservation Act (NHPA) laa�e been satisfied.
(1�) Federal gernuttees should follaw their owrz pracedures fvr complying with the
requirements of Section 106 of the National Histvric Preservation A�t. Federal permittees must
provide the district engineer with the appmpriate docunnen�ation to demonstrate compiiance with
those requirements.
(c} Non-federa� permittees must submit a pre-construction notification tQ the district
engineer if the authoriaed activity �may have t.�.e potentiai Co cause effects to any historic
properties listed, determined to be eligible for listing on, or patentially eligible for listing on the
National Register of Historic Places, including previously unidentified prnperties. For s�ch
activities, the pr�constru�tion noti�cation must state wkuch historic properties may be affected
hy the pmposed work or ir►�lude a vi�inity map indicating the la�atian of the historic properties
or the potential for the presence of historic properties. Assistan�e regarding information on the
location of or potential far the presezxce af histo�ric resources can be saught from the State
4

Historic Preservatian �fficer or Triba1 Historic Pz-eservation afficer, as appropziate, and the
National Register of Historic Places (see 33 CFR 33Q.4(g}}. The distri�t ex�gineer shall make a
reasonahle a�nd goad faith effort ta �arry out appropriate i�entification efforts, whi�h may include
backgmund research, cansultation, oral history interviews, sample � eld in�estigation, and field
survey. Based an the infom�ation submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the histori�
properties. Where the non-Federal applicant has identified historic properties which the activiry
z�ay have the pQtent�al to cause effects and so notified the Corps, the non-Federal applicant shall
nvt begin the acti�ity nntil notified by the district engineer either that the acti�ity has no potential
to cause effects or that �onsultation under Section 106 of the NHPA has been completed.
(d) The district engineer will natify the praspecti�e permittee within 4S days of receipt
of a complete pre-�onstruction nati�cation whether 1VHPA Section lOb consultation is required.
Se�tion 1 �5 consultatian is not required when the Corps determines t�aat the acti�ity does not
have the potential to cause effects on histari� praperties (see 36 CFR 800.3(a)}. If NHPA section
1 Ub consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she can�not begin work un�il Section iD6 cansultation is completed.
(e) Frospective permittees should he awaxe that section 110k af the NHPA (15 U.S.C.
47�h-2(k)} pre�ents the Corps from granting a pertnit or other assistance to an applicant who,
with intent to a�aid the require�x►ents of Section 106 of the NHPA, has inten.tionally significantly
adversely affected a historic property to which the permit would reiate, or having legal power to
pre�ent it, allowed su�� signi�cant ad�erse effect to o�cur, unless the Corps, after consultation
with the Ad�isory Council on Historic Presexvatian {ACHP}, deterrnii�es that �ircutnstances
justify granting su�h assistance despite the ad�erse effect created ar permittad hy the applicant.
If circumstances justi�y granting the assistance, the Corps is required to notify the ACHP and
provide documentation spe�ifying the circumstan�es, explaining the degree of damage to the
integrity of any histaric groperties affected, azxd proposed xnitigation. This documenta#ion nnust
inclur�e any views abtained fi-am the appli�ant, SHPa�I'HPO, appropriate Indian trihes if the
undertaking o�curs on or affe�ts historic properties on trihal Zands or affe�ts properties of interest
to thase tribes, and ather parties known ta ha�e a legitinnate interest in the impacts #o the
permitted activity on histaric properties_
19. Desi�nated Criti�al Resource Waters. Critir,al resource waters include, NaAA-
designated marine sanctuarfes, National Estuarine Research Reser►�es, state natural heritage sites,
and outstanding national resource waters or ather waters officially designated by a state as
having particular en�ironmental or ecological significance and idexitified by the district engineer
after noti�e and opportunity for publi� comment. The disirict engineer may al.so designate
additional critical resource waters after notice aaad opport�u�ity for comment.
(a} Dis�harges o� dredged nr fi}1 matexial into waters af the United States are not
authorized by NWPs 7, 12, 14, 1 b, 17, 21, Z9, 31, 35, 39, 44, �#2, 43, 44, 49, and 50 for any
a�tivity within, or direcdy affecting, critical resource waters, in�luding wetlands adjacent to su�h
waters.
(h) ForNWPs 3, 8, lU, 13, 15, 18, 19, �2, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notifi�atian is required in accordance with general condition 27, for any activity proposed in the
designated criti�al resource waters in�luding wetlands adjacent to those waters. The disfrict
engineer may authorize acti�ities under these NVL�Ps only after it is deCermined that the impacts
to the critical resource waters will be na moz'e than minimal.
5

20. Miti�a�ion. The district engineer vv�ll cansider the follawing factors when
determining appropriate and practi�able mitigation necessary to ensure that adverse effects on
ttle 3[�LiStic enVlrDIIIXIellt are minimAl:
(a} The activity must be designed and constructed to avoid and minimize ad�ez'se effects,
bath temparary and permanent, ta waters of the United States to the maximum extent px-acticable
a# the project site {i.e., on site}.
{h) Mitigation in all its farms (a�aiding, minimiaing, rectifying, reducing, or
compensating} will be required to the extent necessary to ensure that the ad�erse effects to the
aquatic en�irflnment are minimal.
(c} Coznpensatary mitigation at a�inimum on.e-far-one ratia will be required for all
wetland losses that exceed 1110 acre and require pre-Gonstru�tion notifi�ation, unless the district
engineer determines in writing that some other forrn of mitigation would be mare
ex►�ironmentally appropriate and provides a proj ect-specifi� waiver of tlxis requirement. For
wetland Iosses af l lla a�re or less tlaat require pre-constru�tion notification, the district engineer
rnay determine on a case-by-case basis that �ompensatory mitigatian is required to ensure that
the acti�rity results in minirnal adverse effects on the aquatic environment. Since the likelihood of
suc�ess is greater and the impa�ts to potentially valuable uplands are reduced, wetland
restoration should be the iust compensatory mitiga#ion option considered.
(d) For Iosses of strea�ms or other open vc+aters that require pre-construction nutificatian,
the district engineer may z�equire compensatory mitigation, su�h as stream restoration, ta ensure
that the a�ti�ity results in minimal ad�erse effects on the aquatic environment.
{e) Compensatory mitigation wzll not be used to increase the acreage losses alfowed by
the acreage limits af the NWPs. For exarnple, if an NWP has an acreage liznit of 112 acre, it
cannot be used to authoriae any project resulting in the loss of greater than 112 a�re of waters of
the United States, e�en if comgensatory rnitigation is provided that replaces or restares some of
the lost waters. Howe�er, compensaiary mitigation can and shvuld be used, as necessary, to
ensure that a project already meeting the estai�lislaed acreage limits also satisFies the minimal
ixnpact requirement asso�iated with the NWPs.
(f} Compensatary mitigation plans for projects in or near strearns or other apen waters
will normally include a requirement fvr the esta�lishment, maintenance, and legal protection
(e.g., cvnser►�ation easements) of ripari.an areas next to open waters. �n so�ne cases, riparian areas
�na.y be the only compe�nsatory mit�gation required. Riparian areas should cansist a£ nati�e
species. T�e width of the required riparian area will address documented water quality or aquatic
hahitat loss concerns. Norxnally, the �riparian area will he 25 to 50 feet wide on each side of the
siream, but the distri�i engineer may require sligh#ly wider riparian areas to address dacunnented
water quality ar habitat loss �ancerns. Where both weClands and apen waters exist on the projact
site, the distriict engineer will detenaiine the approgriate compensatory mitigatian (e.g., riparian
areas andlar wetlands compensation} based on what is best far the aquatic environznent on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form vf
compensatory mitigation, the district engineer may wai�e or reduce the requirement to provide
wetland compensatory mitigatian for wetland losses.
(g) Perinittees may prapose the use of mitigation banks, in-lieu fee arrangenrients or
separate acri�ity-specifi� campensatory mitigation. Tn all cases, the mitigation provisions wilE
specify the party responsible for accomplishing andlar complying with the tnitigation gian.
0

(h} Where �ertain fun�t�ons and seivices of waters of the United States are permanently
ad�ersely afFected, such as the con�ersion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently rnaintained utility Iine right-of-way, mitigation anay be required to
reduce the ad�erse effects of the project to the minimal le�el.
2I . Water Qualiiy. Where 5tates and autharized Tribes, or EPA where applicable, �a�e
not pre�iously certified comgliance of an NWP with CWA Section 4fl1, individua1441 Water
Quality Gertificatian must he obtained or wai�ed (see 33 CFR 33�.4{c}}. The district engineer or
State or Tribe m�ay require addi�ional water quality management measures to ensure that the
authorized acti�ity does not result in mare than minimal degradation of water quality.
22. Coastal Zone Management. �n coastal states where an R1WP has not previously
recei�ed a state �oastal zone rnanagement consistency concurrence, au indi�idual sta.#e coastal
zone management consistency concun'ence rrzust be obtained, or a presumptinn of concurrence
must occur (see 33 CFR 330.4(d}}. The distri�t engineer or a State may require additional
measures ta ensure that the authorized activity is �onsistent with state coastal zone managerrxent
requirements.
23. Regional and Case-By-Case Conditians. The a�tivity must comply with any regianal
conditions that may ha�e been added hy the Di�ision Engiueer (see 33 CFR 33�.4[e)} and with
any case specific condi�ions added by the Cargs or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality CertifiGat�on, or by the state in its Coastal Zone Managezx�ent Act
�onsisten�y detenmination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP far a single and
camplete project zs prohibited, except when the acreage loss of waters of the United States
suthorized by the 1VWPs does not exaeed tt�e acreage limit of the Ni�P with the highest specified
a�reage limit. For example, if a raad crossing o�er tidal waters is constru�ted under NWP 14,
with associaied bank stabilization authorized by NVVP 13, the maximum acreage loss of waters
of the LTnited States far the total pmject cannot ex�eed 113-acre.
25. Transfer of Natianwide Pernut Vez-ifi�ations. If the permittee sells the property
associated with a nationwide penmit �erificatian, the permittee may transfer the nativnwide
permit �erification ta the new awner by submitting a Yetter to the appropriate Corps district offi�e
to �alidate the transfer. A �opy of the nationwide permit r�erifi�ation must be attached to the
letter, and the letter �aaust contain the fallawing statement and signature:
"When the structures or wnrk authoriaed by this nationvvide pemut are still in existen�e at the
time the properiy is transferred, the terins aund conditions of this nationwide permit, including any
special canditions, will �antinue to be binding an the new owner{s) of the prvperty. To �alidate
7

the transfer Qf this nationwide permit and the associated liabilities associated with compliance
with its tezxxas and conditions, have the transferee sign and date below."
[Transferee}
(Date}
26. �om liance Certification. Each pernuttee wha received an NWP veri£i�ation f�-om the
Corps must suhmit a signed certification regarding the completed work and any required
mitigation. The certificativn farm mtist be forwarded by the Corps with the NWP �erification
letter and will include:
(a} A statement that the authorized wark was done in accordan�e with the NWP
authorizatian, inGluding any general or speciiic conditions;
�b} A statement that any required mitigation was completed in accordance with the perrnit
candiiions; and
{c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Nv�ification. {a) Timin�. Where required by the terms of the NWP,
the praspe�ti�e permittee must notify the district engineer �y submitt�ng a pre-canstructian
notification (�CN} as early as passible. The distnict engineer must determine if the PCN as
complete within 3U calendar days of the date of receipt and, as a general rule, will request
additional information necessary to nnake the PCN complete anly once. Howe�er, if the
prospecti�e permittee does nnt pra�ide all vf the requested information, then the district engineer
will notify the prospecta�e permittee thai the PCN is stiil in�omglete and the PCN re�iew pro�ess
will not �ommence until all of the requested information has been re�ei�ed by the district
engineer. The prospecti�e permittee shall not begin the a�ti�ity nntil either:
(I) He or she is notified in writing hy the disirict engineer that the acti�vity rnay proceed
under the 1VWP with any special conditions i�mposed by t�e district or division engineer; or
{2) �'arty-five �alendar days ha�e passed from the district engineer's receipt of t�e
�omplete PCN and the prospective permittee has not �.-eceived writien noti�e from the distri�t or
division engineer. Howe�er, if the permittee was z'equired to nvtify the Corps pursuant to general
�andition 17 that listed species or �ritical habitat might affected or in the �icinity of the pmject,
or to notify the Corps pursuant tu general conditian 18 tha# the activity may ha�e the patential to
cause effecis to historic properties, the permittee cannot begin the acti�ity until re�ei�ing wnitten
notification from the Corps that is "no effe�t" on listed spe�ies or "no patential to cause effe�ts"
on historic �roperties, or that any consultatian required under Section 7 of the Endangered
Species A�t (see 33 CFA 330.4(�]} andlor Sectian 106 of the National HistQric Presen�ation {see
33 CFR 33fl.�(g)) is completed. Also, work caz�nnt begin under NWPs 21, 49, ar 50 until tbe
permittee has re�eived wxitten appro�al from the Corps. If the praposed activity requires a
written waiver to exceed specified limits of an 1VWP, the pernnittee cannot begin the actz�ity until
#he district engineer issues the wai�er. If the dzstri�t or division engineer notiFies Che permittee in
writing that an indi�idual permit is req�ired within 45 �alendar days of receipt of a complete
PCN, the permiftee cannot begin the activity until an indi�idual permit 3�as been abtained.
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Subsequently, the permittee's right tv proceed under the NWF inay he modifxed, suspended, or
re�voked only in accorclance with the pmcedure set forth in 33 CFR 330.5(d}(2}.
(E�) Contents of Pre-Cnnstruction Notification: The PCN must be in w�iting and include
the fQliowing information:
{ 1) Na.n.ae, address and telephone numbers af the prospe�tive permittee;
(2) Location of the proposed pmject;
(3} A description of the proposec� project; the project's purpose; direct and indirect
ad�erse en�ironmental effects the praject wauld �ause; any other NWP(s), regional general
permit(s}, or indi�idual permit(s) used or intended ta be used to autharize any part of the
pz�posed project or any related activity. The description st�ould be sufficiently de#ailed to alluw
the district engineer to deternune that the ad�erse effects of the project will he minimal and to
determine the need for compensatory mitigation. Sketches should be pro�ided when necessary
to show that the a�ti�ity complies with the temas af khe NWP. {Sketc�es usually clarify �e
pro,�ect and when pra�ided result in a qui�ker decisian.);
(4} The PCN must include a delineation of special aquat�c sites and other waters of the
United States an the project site. Wetland delineations must be prepared in ac�ordance with the
current method required by the Corps. Tlie pen�nittee may ask �e Corps to delineate ti�e spe�ial
aquari� sites and other waters af tYte United States, but there rnay be a delay if the Corps does the
delineatian, especially if tiie project site is large or �ontai_ns many waters of the United States.
Furthermore, the 4S c�ay period will not start until the deiineatian has been su�mitted to or
comgleted hy tk�e Carps, where agprapriate;
(5) If the proposed acti�ity will result in the loss of greater than 1110 acre af wetlands and
a PCN is required, the prospective permittee must submit a statement des�ri[�ing how the
mitigation requirement will be satisfiert. As an altemati�ve, the prnspective permittee may subnnit
a conceptual or detailed mitigation plax�.
(6) If any listed species or designated critical hahiTat might �e affected or is in the �i�inity
of the p%�ect, or if the project is located in designated critical habitat, far non-Fedeza� applicants
the PCN must include fihe name�s} of those endattgered or t1u'eatened species that might be
affected �y the proposed work or utilize the designated critical hahita.t that may he affected hy
the proposed work. Federal applicants must provide do�umentation demonstrating compliance
with the Endangered Species Act; and
(7} For an activaty that may afFect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, t.k�e Nat�onal Register o� Histari� �laces, for
no�-Federal applicants the PCN must state which historic property may he affected by the
pmposed work or include a �i�inity �ap indi�ating the }ocation of the historic prvperty. Federal
applicants must pravide docume�ntation demanstrating compliance with Se�tion ��d of the
National Historic Preservation Act.
{c) Farm of Pz'e-Construcrion Notification: The star►dard indi�idual pern�it application
form (Form ENG 4345) may be used, but the �ompleted application fnrm must clearly indicate
that it is a PCN and riaust include all of the infornnatian required in paragraphs @)(1} through (7}
of this gexieral �ondition_ A letter containing the requirad informat�on may also be used.
(d) A enc Coordinativn: { 1) The dzstrict engineer will �ansider any comments from
Federa.l and state agencies concerning the proposed acti�ity's compliance with the terms an�
conditions of the NWPs a.nd the need for rnitigation to reduce the project's adverse
enviranmental effects to a minimal level.
0

{2} For all NWF 48 a�ti�ities requizirag pre-�onstruction natification and for other IVWP
acti�it�es requiring pre-constructian notifi�ation to the district engineer that result in the loss of
greater than 112-acx-e a�waters of the United States, the district engineer will immediately
pro�ide (e.g., �ia facsimile transmission, o�+ernight mail, or ather expeditious manner} a copy of
the PCN ta the appropriate �'ederal ar state affices (U.S. FWS, sta.te na#urax resQurce or water
quality agency, EPA, State Historic Preser�ation DFficer (SHPO} or Tribal Historic Preservatian
�ffice (THP�}, and, if appropriate, the NMFS). With the exception of NWP 37, these agen�ies
will then ha�e 10 calendar days from the date the material is transmitted tv telephone or fax the
distri�t engineer notice that they intend to pro�ide substantive, site-specific camrnaents. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
anaking a decision on the pre-construc�ion nvtificatian. The distri�t engineer wilt fully �onsider
agency camments received within the specified time frame, hui wiil provic�e na response to the
resource agency, except as pravide� below. The district enginaer will indicate in the
administrati�ve record assflciated with each pre-constructian notificatian that the resaurce
agen�ies' concems were considered. For NW,P 37, the emergen�y watershed protection and
rehabilitation acti�ity may praaeed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. Tkae district engineer will
consider any comments received to de�ide whether the NWP 37 autharization should be
modified, suspended, or re�oked in accordance with the pracedures at 33 CFR 330.5.
(3} In cases of where the prospe�ti�e permittee is not a Federal agency, khe district
engineer will provide a respanse to 1VMF5 within 3U caiexadar days of re�eipt �f any Essential
Fish Habitat conser�ation recommendations, as required by Section 305(b}{4)(B} of The
Magnvson-Ste�ens Fishery Conservation and Managemen.t Act.
(4) Applicants aze encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordinatian.
{5) For NWP 48 acti�ities that require reporting, the district engineer will provide a copy
of eac3� report within 10 calendar days of receipt to #he apprapniate regional offi�e of the NMFS.
{e) Distri�t En ineer's Decision: In reviewing the 1'CN for the proposed activiiy, the
district engineer will detern�ine whe#her the acti�ity authorized by the NWP wili resu�t in more
than rninimal individual or cumulati�e adverse en�ironmental effects or may be contrary io the
public interest. If the proposed actir�ity requires a PCN and will result in a loss of greater than
1114 acre of wetlands, the prospective permittee should subrnit a mi�igation proposal with the
PC1V. Applicants may also propose compensa#ory mitigation for prajects with smaller impacts.
The distri�t engineer will consider any proposed �ompensatory mitigation the applicant has
inciudec� in the propQsal in dete�Tning whether the net ad�erse environmental effects to the
aquatic en�vironment of tYte proposed work are minfmal. The �ompensatary mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the a�ti�ity complies
with the terms and canditians of the NWP and that the adverse e£�ects on the aquati�
environment are mi.rumal, after aonsidering mitigation, the district engineer will notify the
permittee and include any conditions the distri�t engineer deems necessary. The districi engineer
xnust appro�e any compensatory xnitigation proposal before the permiftee cvmrnences work. If
the prospective permittee elects to submit a �ompensatory mitigation plan with the PCN, the
distri�t engineer wzll expeditiously re�iew the proposed compensatory mitigation plan. The
disfrict engineer must re�iew the plan within 45 calendar days of receiving a complete �CN and
determine whether the proposed mitigation would ensure na more than minimal adverse effects
on tbe aquatic en�ironment. If the net ad�erse effects of the praje�t on the aqua.tic en�vironment
1a

{af'ter consideration of the compensatory mitigation proposai} are determ�ned by the district
engineer to be miniznal, the district engineer will pro�ide a timely written response to the
applicant. The response will state that the praject can proceed. under the terms and �onditions of
the NWP.
If the district engineer determines that the ad�erse efFects of the pmpused work ax'e zx�are
than muumal, then the distri�t engineex will notify the appficant either_ (1} T'�at the project does
not qualify for autharization under the NWP and instruct the applican# on the procedures to seek
suthorizatian under an indi�idual permit; (2} that the project is authvriaed under the NWP
subject to the appli�ant's submissian of a mitigation plan that would reduce #he ad�erse e�ifects
on the aquatic en�imnment to the minimal le�ei; or (3) that the prvject is authori�ed under the
NWP with speci�ic modifi�ations or �ond.itivns. Where the district engineer detennines that
mitigation is required to ensure no more than minimal adverse effects o�cur to the aquatic
environment, the acti�iiy will be authorized within the 45-day PCN period. The authorizatinn
will include the nacessary conceptual or speczfic mitigation ar a requirement that the applicant
submit a mitigation glan that would reduce the adverse effects on Che aquatic environment ta the
minimal le�el. When mitigation is required, no wark in waters of the United States may occur
unti� the district engineer has approved a spe�iiic mitigatian plan.
28. Sin�le and Cornpiete Project. The acti�ity must be a single and complete pro3ect. The
saixAe NWP �annot be used mure than once for the same single and complete prnject.
FUATHER XNFORMATIDN
1. Distrfct Engineers ha�e authority to determuie if an activity camplies with the tercx�s
and conditions of an 1VWP.
2. NWPs do not obviate the need tv obtain ather federal, state, or Iocal pem�its,
appro�als, or authorizations required by law.
3. NWPs do not grant any property rights or exclusi�e privileges.
4. NWPs do not authorize any injury to the property or rights af vthers.
5. NWPs da not autharize interference with awny existing or proposed Fedez-al praject.
Best mana emerat ractices B�IPs : Policies, practices, prvicedures, or stnxctures
implemented to rnitigate the ad�erse en�ironmenta.l effects on surface water quality resuiting
firom de�elopment. BMPs are categorized as structural or non-structural.
Co►n�ensatQr;v mata a� tian: The restoration, establishment (creation), enlaan�ement, or
preser�atian of aquatic resources fur the purpose o�compensating fvr unavaidable adverse
impacts whi�h retiiair► after all appropriate and gracticable avoida.n.ce and muurziization has been
achieved.
Crsr�-entd serviceable: Useable as is or with some rnaintenance, but not so degraded as to
essentially require reconstructian.
Dischar�e: The term "discharge" means any discharge vf dredged or fill material.
Enha�acement: The manipulatian of the physical, �hemical, or biological characteristics of
an aquati� resnur�e to heighten, intensify, or irnprove a specific aquati� resource fun�tion(s].
Er�liancement results in the gaua of selected aquati� resource function(s}, hut may also Iead to a
I1

dacline in other aquatic resource function(s}. Enhancement does not result in a gai_n in aquatic
resource area.
Enhemeral stre�m: An ephemeral stream has flowing water anly during, and for a shart
duratio� after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-mund. Groundwater is not a source of water far the streaxn. Aunaff from rainfall
is the primary source af water for stream flaw.
Establishment creation : The manipulatian of the physi�al, �hemical, or biological
�haracteristics presetit to de�elop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquati c resource area.
�isto�ic Pra er : Any prehistoric or historic distri�t, site (including archaeologi�al
site}, building, structure, or other obje�t inaluded in, or eligible for in�lusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such praperties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Nati�e
Hawaiian organiaatian and that meet the 1Vational Register criteria �36 CFR part 50}.
Independeret �stiditv: A test to deternune what consritutes a single and complete project in
the Corps regulatory program. A project is considered ta ha�e independent utality if it would be
�onstructed absent the construction of other projects in the praject area. �ortions uf a rnulti-phase
project that depend upon ather phases af the project da not have inc�ependent utilaty. Phases nf a
project that would be constructed e�en if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Iraterrraitteret strearra: An internaittent stream has flawing water dt.u'ing �ertain times of #he
year, when groundwater pro�ides water for stream flow. D�lring dry periods, internnittent streazns
may not ha�e flowing water. Runoff from rainfall is a suppiemental source af water for stream
flaw.
Loss o waters o the �Iraited States: Waters of the llnited States that are permanently
ad�ersely affected hy filling, flooding, exca�ation, or drainage because of the regulated acrivity.
Permanent adverse effe�ts include permanent discharges of d�edged or fill material that change
an aquatic area to dry land, increase the bottam elevation af a waterbody, or �hange the use of a
waterbody. The acreage of loss of waters of the United States is a tju'eshold measure3nent of the
imga�t to jurisdictional wa#ers far deterrnining whether a}�roje�t may qualify for an NWP; it is
not a net threshold ihat is �alculated after r.onsidering compensatory nnitigation that inay be used
ta offset lvsses of aquatic functions and servi�es. The loss af stream bed includes the linear feet
of stream bed that is filled or exca�ated. Waters of the United States temporaril.y filled, £looded,
excavated, or drained, but restored to pre-constructian contours and ele�ations after constructian,
are not included in the rneasurement of loss of waters of the United States. Zrnpacts resulting
fi-om acti�ities eligible for exemprions under Section 404{� of the Clean Water Act are not
�onsidered when calculating the loss of waters of the United States.
Non-tadad wetlar�d: A non-tidal wetland is a wetland tha.t is not subject ta the ebh an�
�low of tidal waters. The defuution of a wetland can be found at 33 C�'R 328.3{b). Non-tidal
wetlands contiguous to tidal watezs are located landward of the high tide line (i.e., spring high
tide line).
Qpen water: For puipvses af the NWl's, an apen water is any area that in a year with
narmal patterns of grecipitarion laas water £lawing or standing aho�ve ground ta the extent that an
ordinary high water mark can he determined. Aquati� �ege#ation within the area of standing or
J2

flowing water is either non-emergent, spazse, or absent. Vegetated shallows are considered to be
open waters. Examples af "open waters" in�lude ri�ers, streams, lakes, and ponds.
�rdir�a� High Water Ma�k: An ordinary high water rnark is a line an the share
established by the fluctuations af water and indicated by physical characteristics, ar by other
appropriate means that cansider the chara�teristics of the surrounding areas (see 33 C�R
328.3{e}}.
Perenniad stream: A perennial stz'ea.m� has flawing water year-round during a typical year.
The water table is located abQve the stream bed for most vf the year. Crraundwater is the primary
source of water for stream flovv. Ruraof� fraxn rainfall is a supple�rz�ental svur�e of water for
stream flow.
Pr�ctica�le: A�aila�le and capable of �eing dane after ta.lcing into consideration cost,
existing technalogy, and logistics in light of o�verall pmje�t purposes.
Pre-co�zstrr�ction r�otifacation: A request submitted by the praject proponent to the Corps
far confinmation tha# a parti�ular acti�ity is authorized by natianwide permit. The request may be
a pemut application, �etter, or similar document that includes informat�on about the proposed
work and its anticipated environnaental effects. Pre�-constru�tion notificatian may be required by
t�e tern�s and conditions of a nationwide permit, or by regional canditions. A pre-construction
notification may be �oluntarily submitted in �ases where pr�construction nv�fication is not
required and the project proponent wants confumation that tlze acti�ity is authorized by
nationwide permit.
��eservatior�: The remaval of a threat to, or preventing the declin�e of, aquatic resources
by an action in or near those aquati� resources. This term includes a�ti�ities conunonly
associated with the prote�tion and maintenance of aquatic resaurces through the impiementat�vn
of appropriate legal and physical mechanisms. Freservation does not result in a gain of aquati�
resour�e area or funcrians.
Re-esical�lishrrae�at: T�ie manipulation of #he physi�al, chemical, or hiological
�haracteristics of a site with the goal af retuming naturalllustvric functions to a former aquatic
resource. Re-establishment results in rebuilding a former aqua�ic resource and results in a gain in
aquatic resource area.
Rel�abiliiatiora: The nnanipulation of the physical, chemical, or biological characterisrics
of a site with the goal of repairing nat�uaUhistori� functians to a degraded ac�uatic resaurce.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gair� in
aquat�c resuur�e area.
Restoration: The manipularion of the physical, �hemical, or biological characteristi�s of a
si#e with the goal af returning naturaVbistoric functions to a former ar degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-estahlishment and rehabilitation.
Riifle ar�d pool cornplex: Rif£le and pool complexes are special aquatic sites urxder the
404{b){1) Guidelines. RifIle and pool complexes sorn.etimes c}�aracteriae steep gradient sections
of streams. Su�h stream sections are recognizable by their hydraulic �haracteristics. The rapid
mv�ement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissol�ed oxygen le�els in i�he water. Pools are deeper areas asso�iated with riffles. A
slower strea�m velocity, a streaming flow, a smooth surface, and a finer substrate �haracteri�e
pvols.
Ripuriar� arer�,s: Riparian areas are lands adjacent to streams, Iakes, and estuar�.ne-marine
shorelines. Riparian areas are trznsitianal betwaen terrestrial and aquatic ecosystems, through
13

which surfa�e and subsur£ace hydrology connects waterbodies vvith their adjacent uplands.
Riparian areas provide a �ariety of ecological fiinct�ons and services and help impro�e or
maintain local water quality. (See general condition 20.)
S'heidfsh seedirag: The placement af shellfish seed andlor suitable subsirate to increa.se
shellfish production. Shellfish seed consists of immature indi�vidual shellfxsh or indi�vidual
shellfish attached to shells or shell fragments (i.e., spat on shell}_ Suitable substrate may cansist
of shellfish shells, shell �agments, ar other appropriate materials placed into waters for shellf sh
ha.bitat.
Sin le and corn Iete �o "ect: The term "single and �omplete pmject" is defined at 33
CFR 330.2(i} as the tatal project propased or ac�omplished by one ownerldeveloper or
partnerslnip or other association af awnersldevelopers. A single and complete project must ha�e
independent ut�lity (see definition). For linear projects, a"single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody} at a spe�ific lacation.
For linear grajects crossing a single waterbody several times at separate and distant lo�ations,
ea�h crossing is considered a single and coznplete project. Howe�e�, individual channels iri a
braided stream or ri�er, or indz�idual arms of a large, iri'egutarly sl�aped wetland ar lake, etc., are
nnt separate waterhodies, and crossings of su�h features canvot he camsidered separately.
Starmwater- rna►�a eg ment: Stormwater management is Che mechanism for control�ing
stormwater n�noff for the purpases of reducing downstream erosion, water quality degradatian,
and �lovding and mitigating the ad�erse effeGts of changes in land use on tY�e aquati�
en�iranment.
Stormwater mar�a erraerzt acilittes: Stormwater management facilities are thase facilities,
inciuding but not limited ta, stormwater retention and detentian ponds and best management
practices, which retain vc+ater for a period of time ta cantrol runoff andlor improve the quality
(i.e., by reducing the con�entratian of nutrients, sediments, hazardous substances and ocher
pollutants) of stormwater runvff:
Strearra �ed: The substxate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in si�e from �lay to baulders.
Wetlands contiguous to the stream bed, but outside af the ordinary high water marks, are nflt
considered part oF the stream bed.
Strearra channelazatrora: The manipulation of a streatn's course, condition, �apacity, oz'
locativn that r.auses xnare than miniznal interruption of nor�al stream processes. A ck�annelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite �attem of urganiaation. Examg�es af
structures include, r�ithout limitation, any pier, boat dack, boat ramp, wharf, dolphin, weir,
boom, breakwater, hulkhead, revetnnen� riprap, jetty, artifi�ial island, artificial reef, pernaanent
tzxoor�ng structure, power transmission �ine, permar.iendy maored flnatuzg vessel, piling, aid to
navigation, or any other manmade ohstacle or obstruction.
Ttdal wetdarad: A tidal we�land is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The de�uutions of a wetland and tidal waters can be found at 33 CFA
3283(h) and 33 CFR 3�8.3(f}, respecti�ely. Tidal waters rise and fall in a predictable and
xneasurable rhythm or cycle due to the gravitatianal pulls of the znoon and sun. Tidal waters end
where the rise and fall of the water surface can no langer he practically measured in a predictable
rhythrz� due to m�asking hy other waters, wind, or other effe�ts. Tidal wetlands are located
chanuielward af the high tide line, which is defined a# 33 CFR 328.3(d}.
14

Ye�etated shallows: Vegetated shallaws are special aquatic sites �►der the 404(h}(1}
Guidelines. They are areas that are permanently inundated and under normal circumstances ha�e
rooted aquati� �egetation, such as seagrasses in marine and estuarine systems and a�ariety of
�ascular rooted plants in freshwater systems.
Water�odv: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States ti�at, during a year with normal pattezxas of precipitation, has water flowing �r
standing a�ove ground to the extent that an ordinary high water mark (�HWNf) or other
indicators of jurisdiction �an be determined, as well as any wetland area {see 33 CFR 3283{b)).
If a juris�ictional wetland is adjacent--naeaning bardering, �ontiguous, or neighboring--to a
jurisdictional waterbody displaying an 4H'WM or ot�er indicators of jiuisdiction, that waterhady
and its adjacent wetlands are considered together as a singie aquari� unit (see 33 CFA
328.4{�)(2}}. Examples of "waterbodies" include streams, rivers, lafces, ponds, and wetlands.
15

REGYpNAL C�NDTTIUNS FUR NATIUNWIDE PERNIITS 1N THE WILMINGTON
DISTRICT
1.0 E�cluded Waters
The Corps has identified waters that wi�l be excluded from the use of aIl NWP's during certain
timefrazz�es. T'h�ese waters are:
1.1. Anadromo�s �sh Spawning Areas
Waters of the Llnited States identified by either the North Carolina Divisior� of Marine Fisheries
(NCDMF} or the Narth Carolina VVixdlife Resources Comir►ission [NCWRC} as anadronaaus fish
spawning areas are excluded during the period between February 15 and 3une 30, without priur
written appmval fram NCDMF or NCWAC and the Corps.
1.Z. Trout Waters Moratarium
Waters of the United States in the twenty-fi�e designated trout �ounties af North Carolina are
excluded dw�ing the period between Dctoher 15 and April 1S without prior written approval from
the NCVVRC. {see Sectian I. b. 7. for a list af the twenry-five trout counties}.
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon sp�wning areas are excluded during the
period between Feb�ruary 1 and June 30, without prior written agpro�al fi-om the Natianal Marine
Fisheries 5er►�ice {NMFS}.
Z.Q Waters Requiring Additionat Natification
The Corps �as identi�ed waters that will be subject to additional notification requu'ements for
a�ti�iiies authorized by all NWP's. Tlaese waters are:
2.1. Western NC Counties that Drain ta Designated Critical Habitat
Waters of the ll.S. #hat requires a Pre-Constru�taon Notification pursuaYat to General Condirion
27 (PG'1� and located in the sixteen counties listed helow, applicants must provide a copy flf the
PG`Itii to #he US Fish and Wildlife Servir.e, I60 Zillicoa Street, Asheville, North Carolina 288D5.
This PCN must be sent cancurrently to the US Fisb and Wildlife Servi�e and the �orps Ashe�ille
Regulatory Field �ffice. Please see General Condition 17 far specifi� noti£ication requirements
related to Federally Endangered Species a.nd the follnwing website for infoz7mation on the
location of designated �ritical habitat.
Counties with tributaries that drain to designated critical �ahitat that requi_re notifi�ation to the
Asheville US Fish and Wild�ife Service: Ave7y, Cherakee, Forsyth, Graham, Haywaod,
16

Henderson, Jackson, Macon Mecklenhurg, Mitcheil, Stokes, Surry, Swain, Transyl�ania, ilnion
and Yancey.
Website and offi�e addresses for En.dangered Spacies Act Information:
T}�e Wilmington Dis�ict has developed the following wehsite for appli�ants which pro�ide
guidelines on how to review linked websites and maps in Qrder to fulfil� NWP general condition
17 requirements.
http:llwww. saw.usa�e. anmy. millwetland s1ESA
Appli�a�ts who do nat ha�ve internet access may contact the appropriate US Fish and Wildlife
Ser�ice of�ces or the US Army Corps af Engineers affice listed belnw.
US Fish and Wildlife Service
Asheville Field Offxce
160 Zillicoa Street
Asheville, NC 28841
Telephone: [phone]
Asheville LTS Fish and Wildlife Servi�e �ffice counties: All
connties west a�'and inaluding Anson, Stanly, Da�idson, Forsyth and Stokes Counties
L1S Fish and Wildlife Service
Raleigh Field Office
Past �ffice Box 33725
Raleigh, NC 27�36-3726
Telephone: (9i9} 856-452�
Raleigh LTS Fish and Wildlife Service �ffice counties: all counties east af and including
Ric�and, Montgomery, Randolp�, Guilford, and Rackinghatn Counties.
2.2. Special Designatian Waters
Prior to the use of any NWP in any of the fallowing North Carolina identified waters and
contiguous wetiands, appl.icants must �omply with 1Vationwide Permit General Condition Z7
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Dutstanding Resource Waters" (ORW} and "High Quality Waters" (HQV� (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (�PNA} (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguaus We�Iands" (as defined by the North Carolina
En�ironmeia#al Management Commission), or "1'ri_mary Nursery Areas" (PNA} {as designated by
the North Carolina Marine Fisheries Coxnmission}.
Y7

2,3. Coastal Area Man$gemen� Act (CAMA) Areas of En�iranmental Concern
Non-Federal applicants for any 1VWP in a desig�ated "Area of Environmentai �ancern" (AEC)
in the twenty (ZO} counties of Eastenrx North Carolina �o�ered by the North Carolina Coastal
Area Management A�t (CAMA), must also abtain the required CAMA permit. Cons�uctian
activities for non-Federal projects may not commence until a �apy of the approved CAMA
permit is furn�ished to the a�prapriate Wilmington District Aegulatory Field Office (Wilnungtan
Field �ffice -- P.�. Sox 1890, Wilmington, NC 284U2 or Wasbington Field Office — P.Q. Bax
1D40, Washington, NC 27889).
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must camply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mauntain or Piedmont Bogs
Prior to the use of any NWP in a"Mouz}.taain or Piedmont Bag" af North Carolina, appli�ants
shall comply with Nationwide Pennit General Candition 27 (PCN).
Note: The fvllvwing wetland cammunity types identified in the N.C. Natural Henita.ge Pmgram
document, "Classificatian of Natura� communities af North Caralirna (Michael P. Schafale and
Alan S. Weakley, 1g90}, are subject to this regional condition.
Mountain Bo s Fiedmont So s
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Co�►plex
S ruce Sub e
Southern Appalachian Sog
orthern Sub e)
Southern Appalachian Bog
Southern Sub e}
Southern A alachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the LIS, including
wetlands, applicants shall coruply with Nationwir�e Permit Generai Condition 27 (PCN}.
2.7. Tront Waters
Priur to any discharge of dredge or fill material into str-eams nr waterbadies within the twenty-
1�z�e (25} designated trout counties of North Carolina, tl'►e applicant shall comply with
18

Nationwide Permit General Condition 27 (PG'I�. The ap�li�ant shall also pm�ide a �opy of the
notification to the appmpriate IVCWRC office ta �acili.tate the determination of any potential
impacts tQ designated Trout'VHaters. Notification to the Co�rps of Engineers vvill iriclude a
statement with the name of the iVCWRC biulogist cnnta�ted, the c�ate of the notifi�ation, the
locatian of work, a delineation vF wetlands, a discussion uf alternati�ves to working in the
tttuuntaan trout waters, why alternatives were not selected, and a plan to pro�ide cornpensatory
mitigation for ali unavaidable adverse impacts to mauntain trout waters.
NCWRC and N� Trout Caunties
Mr. Ron Lin�ille
Western Pi�dmant Region Alleghany Caldwell Watauga
Caordinator
3855 Idiewild Road Ashe Mitchell Wilkes
Kerners�ille, NC 27284-9184 Ave Stokes
TeI hone: 336 769-9453 Burke S
3.0 List of �arps Regional Conditians far All Nationwide Permits
The following conditions apply ta all Nationwide Per�nits in the Wilmington District:
3.1. Linnitatian of Loss of Perennial Stream Bed
NWPs may not be used for acti�ities that may result in the lass or degradation of greater than
3Ud total linear feet vf perennial streams. The NWPs may not be used for activities that tnay
result in the loss or degradatian af greater t�an 300 rotal �.inear feet of ephemeral and intermittent
sireams that exhihii important aquatic functian(s}* Loss of streain includes the Iinear feet of
stream bed that is filled, excavated, or flooded by the propased acti�rity. The District
Commander can wai�e the 3a41inear foot Iimit for ephemeral and xntermittent streams on a case-
hy-case basis if he deCenuines that the proposed a�tivity will resu�t in mini_maI indi�idual and
cumulative ad�erse impacts ta the aquatic ezxvironment. Waivers for the loss of epherneral and
intermittent streams must be in writ�ing. This wai�er anly applies to the 3UD iinear fee# threshold
for NWPs. Mitigation may stiil be required for irnpacts to ephemeral and internsittent streams,
on a �ase-by-case basis, depending on the impacis to the aquatic en�imnment af the pmposed
project. [*No#e: The Corps uses the Stream Quality Assessment Warksheet, located with Pemut
Informatian on the Regulatory Progr•am Weh Site, to aid in the determinatian of aquati� functaon
within th.e internuttent stream �hannel.]
19

3.2. Mitigadon for Loss v� Siream Bed Exceeding 150 Feet.
Far any NWP that results in a loss of mare than 150 Iinear feet of perennial andlor
ephemeralliniermi.ttent stream, the applicant shall prQvide a mitigation proposal to compensate
for the loss of aquatai� funct�an associated with the proposed acti�ity. For stream losses less than
15fl linear feet, that require a PCN, the District Commar�der may deternnine, on a case-�y-case
basis that cornpensatory mitigation is required to ensure that the acti�ity results in minunal
ad�erse effect on the aquaric environment.
3.3. Pre-constrnctian Nat�ficatian far Lass of 5treambed Exceeding 15� Feet.
Prior to use of any NWP for any a�ti�iry whi�h impacts more than 150 total linear feet of
perennial strearn or epherzxerall internnittent streazn, the applicant must comply with Nationwide
Pernnit General Condition 27 (PL�i). This applies to NWPs that da not ha�e specific notifi�atian
requirements. If a NWP has specific nof�fi�ation requiremen�s, the reqvirernents of the NWP
skould be followed.
3.4. Restri�tion on Use af Li�e Concrete
�or all NWPs which allow the use of cQncrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of unc�red �on�rete, from coming into contact with
waters of the state until the �onarete has hardened.
3.5. Requirements for Using Riprap far B�nk Stab�li�aban
For alI NWPs that a11ow £ar the use af riprap material for bank stabilization, the fnllowing
measures shall be applied:
3.5.1. Filter �Ioth must be placed u�derneath the riprap as an additinnal requiremient of its use in
North Carolina waters.
3.5.2. The ptacement of riprap shall Ue limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap materaal shall be clean axid free fram loose di_rt or any pollutant ex�ept in trace
quantities that would not have an ad�erse environmental effect.
3.5.4. It shall he of a size sufficient io pre�ent its movement from the authoriaed aligninent hy
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, bu� not limited
to, granite, marl, or broken �ancrete.
20

3.5.6. A wai�er frum, the specificatiuns ita �is Regional Condition may be requested in wri#ing.
The waiver wili only be issued if it can be demonstrated that the impacts of complying wit� this
l�egional cond�ition would resnit in grea.ter adverse impacts to the aquatic enviranment.
3.5. Safe Passage Req�irements for Cul�ert Placement
For all NWPs that in�ol�e t�e �onstructionlinstailation o� cul�erts, measures will he in�luded in
the constructianlinstallatifln that will prox�aate the safe passage of fish and other aquatic
vrganisrns. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be madified by widening the stream �hannel nr �y reducing the depth of the stream in
connection with the constntction acti�ity. The width, height, and gradient of a proposed opening
should be such as to pass the average histarical low flow an�. spring flvw withvut adversely
altering flow velocity. Spring flaw should be deterniined from gage data, if available. In the
absence of such data, bankfull flow can be used as a�oxnparable level.
In the twenty (20} counties of North Carolina designated as �oastal couxaties by the Coasta� Area
Management A�t (CAMA): All pipe and cul�ert bottoms sha1l be huried at least one faat �elow
normal bed ele�ation when they are placed within the Puhlic Trust Area of Environx►aex�ta.l
Concern �AEC} andlar the Eshxariue Waters AEC as designated by CAMA, andlor all streall7S
appearixig as blue lines on Unired States Geological Survey (iJSGS) quad sheets.
Raa�.�ray
Culvert l�tui�ed
A.pproa�ch Fill Bank#'ull }�e�au+rst�am}�ed
tio �aplxypria�e
d�epth (ifz�equi�eci�.
Bottorn
In a11 other cvunties: C�l�erts greater than 48 inc�es in diameter will he buried at least one fvot
below the bed of the stream. C�l�erts 4$ inches in diameter ar less shall be buried or p�aced on
the stream bed as practicable and appropriate to mainta.in aquatic passage, and e�ery effort shall
be made to maintain the existing cl�aru�el slope. The bottom of the culvert must he placed at a
depth below the natural stxeaan battom to provide for passage during drought or low flnw
�onditions.
Destabilizing the channel and l�ead cutting upstream should be considexed in the pla�ernent of
the cu�vert.
A waiver from the depth speciFi�ations in �s condition may be requested in writing. The wai�er
will be issued if it can be demanstrated that the proposal would result in the �east impacts to ttze
aquatic environment.
All �ounties: �u�verts placed in wetlands do not ha�e to be buried.
21

3.7. Notifi�atian to NCDENR Shellfish Sanitation SecNon
Applicants shall notify the NCDENR Shellfish Sanitation Section priar to r3redging in or
removing sediment frorn an area clased to shell �shing where the effluent may be released to an
area open for shell fishing or swimtning in order to a�oid contamination from the disposal area
and cause a temporary shellfish �lasure to he made. Such notification shall also �e provided to
the apprapriate Caxps of Engineers Regulatvry Field �fFice. Any disposal of sand to ttie ocean
beach should o�cur hetween Nv�eznber 1 and Apri130 when recreational usage is low. �nly
clean sand should be used and no dredged sand from closed shell -C�shing areas may he used. If
bea�h disposal were to occur at times other than stated above or if sand from a c�ased shell
�shing area is ta be used, a swimrning ad�isary shall be posted, and a press release shall be
issued.
3.8, Preser�atian of Submerged Aqnatic Vegetation
Adverse im�ac#s to Submerged Aquatic Vegetation (SAV) are not autharized by any NWP
vcrithin any of the twenry �oas#al cuunties defined by North Carolina's Coastal Area Managennent
A�t of 1974 (CAMA}.
4.0 Additional Regional Conditions Applicahle to Specif c Nat�onwide Permits
The following regional conditions are required for NWP #14 - Linear Transgorta�iun Crossings:
4.1. Natural Channel Design
A�plicants sk�ail employ natural chaiuiel design [see definition below} tQ the maxunutr� extent
practicable for stream relocations. In the event it is not practicable to employ natural channel
design, any stream relocation shall be �onsidered a permanent irnpa�t and the applicant shall
provide a mitigation plan to compensate for the loss of ac�uari� function associated with the
proposed acti�ity.
Natural Charinel Design: A geomorphologia apprvach to stream restoratian based on an
understanding af valley type, general watershed canditions, dimension, patiern, profile,
hydrology and sediment iransport of natural, sta�le channels (re�erence condition) and applying
this understanding to ihe reconstructian of a stable channel.
4.2. Maintenan�e of Bank-full Flnws
Bank-fuli flows (or less} shall be ac�ommodated through maintenan�e of the existing bank-full
channel cross sectional area. Additioz�al cul�erts at such crossings shall he allowed only to
receive flows exceeding bank-fu�l.
22

Appx�ach FiIl
l�,Oa�.svay
C�alv�ertiauri,ed
Bankfull below s�ambed
r _ � a�p�+apPia�
depth Cifnequi�edJ.
Baf�le� Siream
S1afika�e Sottoxn,
4 3. Maintenance of Floodplain Ele�allo�o
Where adjacent #�aodplain is a�ailahle, flvws exceeding bank-full shauld be accornmadated by
installing �ulverts at t�e floodplain ele�ation.
4.4. ProhibiNon to Create Crpland fram Waters of the US
This NWP authorizes only upland to upland crossings and cannot be used in combination with
Nationwide Pernni.t 18 to create uplan� witbin waters of the United States, in�luding wetlands.
Appr�aeh Fi1Z
�^ R'°a�sy
�
�
F7aadplain
Eke*ativn
4.5. Tida1 Water Restrictions
This 1VWP cannot be used for pri�ate proje�ts located in tidal waters or tidal wetlands.
�3

NC DXVISIDN DF WATER UALITY - GENERAL CERTT�'ICATION CONDITIONS
For the most recent General Certification �onditions, call the NC Di�ision af Water Quality,
Wetlands1401 Certification Unit at (919} 733-i 78d or access the following website:
h :IIb2o.enr.state.nc.uslncwetlandslcerts.htrnl
NC DIVISI�N QF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2U07, the North Caralina Di�ision Qf Coastal Management found Ehis
NWP consistent with the North Carolina Caastal Zone Mazaagernent Prograin. Updates on
CAMA Consistency for NC can be found an the NC DCM web site at:
http:lldcm2. enr. state.nc.uslPermitslconsist. htm
EA5TERN E�AND UF THE CHEROKEE INDIANS TRISAL WATER UALITY
CERTIFICATIQNS
In a letter dated May 8, 2407, US EPA, on behalf of the Eastern Band af Cherokee India.ns,
pro�ided Tribal General Canditzons for Nationwide Pemuts an Cherokee Indian Reservarion.
These Tribal General Conditions are located on the Curgs website at:
h :Ilwww.saw.rasace.arm .nnillV�ETLANDSINWP20071EBCI-ceRs.html
Citations•
2007 IVationwide Permits Public Notice For Final Issue Date: March 15, 2007
Correction Notice for Natiunwide Fermits, Federal Register 1 Vol. 72, No. 881 Tuesday, May S,
24071 Notices p.2fid82
2�07 SAW Regional Conditions — Authorized June I, 2DQ7
This and ather information �an be found on ttxe CQrps web site at:
h :Ilwww.saw.usace.arm .millWETLANDSINWP2D(]7lnatiflnwide- ermits.hfxr►1
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