Piedmont

CERTIFICATION OF EXEMPTION
/ FROM REQUIRING A CAMA PERMIT
��� as authorized by the State of North Carolina,
k Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
i '
in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203.
cant Name ?''ovvi1 AMtlf,A/ 415 «NG ) G/CFI hO rre4 Phone Number y/�. 812. 1/1ess / O, 1, N1l94
t�f !r'11,hh State '' Zip 28
ct Locationn(Co�nty State Road, Water Body, etc.) h lr 0✓'71
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roposed project to be located and constructed as described This certification of exemption from requiring a CAMA per
is hereby certified as exempt from the CAMA permit re- valid for 90 days from the date of issuance. Following expir.
-rent pursuant to 15 NCAC 7K .0203. This exemption to a re-examination of the project and project site may be nece
4 permit requirements does not alleviate the necessity of to continue this certification.,* ,
)btaining any other State, Federal, or Local authorization. .W' A/0 j• // e 60'hl I'? ,elece il4wee
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)nt Pipeline
Subject: 6" Piedmont Pipeline
From: [e-mail]
Date: Wed, 9 Jan 2008 15:14:36 -0500
To: [e-mail]
CC: [e-mail]
As discussed, Piedmont Natural Gas (PNG) has discovered a leak on a 6"
diameter steel pipeline crossing the Cape Fear River appproximately 0.5
miles north of Smith Creek. The section of pipeline with the leak is near
the east bank of the river, not in the channel. In order to repair the
leak, the pipeline will have to be excavated in order to install a repair
clamp on the pipeline. The pipeline has approximately 9' of cover on it at
the leaking location. The excavation for this clamp installation will
consist of a hole approximately 8' to 10' wide by 15' to 20' long in order
for divers to enter to install the clamp. PNG has met with the U. S. Army
Corps of Engineers and has determined that the repair work to be performed
to stop the leak will be covered by Nationwide Permit 3. The sequence of
steps to repair the leak will be as follows:
Thursday, January 10, 2008 Load equipment onto barge and
mobilize to site. Possibly begin excavation.
Friday, January 11, 2008 Complete excavcation of
access hole to install clamp.
Saturday, January 12, 2008 Install clamp over leak.
Possibly apply protective coating over clamp and pipeline.
Sunday, January 13, 2008 Complete application of
protective coating and possibly replace cover over pipeline.
Monday, January 14, 2008 Complete replacing cover over
pipeline and demobilize divers.
If you have any questions, please feel free to contact me by e-mail or cell
phone at (919) 812-4919.
Ed Kosarek
Sr. Construction Specialist
Piedmont Natural Gas
/a. Air Gje( 0-/
z
RECEIVED
DCM WILMINGTON, NC

•
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
)n ID. SAW-2008-118 County: New Hanover USGS Quad: Castle Rayne
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
erty Owner/Authorized Agent: Piedmont Natural Gas
•ess: do Edward Kosarek
PO Box 4489
Wilmington,NC 28406
)hone No.: [phone]
and location of property(water body,road name/number,town,etc.): The six inch natural gas line runs from
ss the Northeast Cape Fear River west of Victoria Lane and north of Smith Creek in New Hanover Count
h Carolina. Latitude: 34.27°N;Longitude: 77.95°W.
ription of projects area and activity: The proposal includes the repair of an existing six inch natural gas line
ed in the Northeast Cape Fear River. The pipe is currently leaking. The proposal includes the excavation
)orary piling of material in order to place a clamp on the leaking pipe. Work will be accomplished using a
ided reach trackhoe working from a spud barge.
cable Law: ® Section 404(Clean Water Act,33 USC 1344)
® Section 10(Rivers and Harbors Act,33 USC 403)
)rization: Regional General Permit Number:
Nationwide Permit Number: 3
our work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
tions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subjeo
ittee to a stop work order,a restoration order and/or appropriate legal action.
us verification will remain valid until the expiration date identified below unless the nationwide authorization is moc
nded or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued
lied, this verification will remain valid until the expiration date identified below, provided it complies with all requireme
codified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such th
ty would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced(i.i
•construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provido
ty is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, i
;tionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization.
;tivities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification.
d contact the NC Division of Water Quality(telephone[phone])to determine Section 401 requirements.
it activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAT
to beginning work you must contact the N.C.Division of Coastal Management in Wilmington,NC,at(910)395-3900.
►is Department of the Army verification does not relieve + ,permittee of the responsibility to obtain any other required Fe
or local approvals/permits.
there are any questions rega'. g thi en ie I an o a e conditions of the Permit,or the Corps of. Engineers regulatory
i .
am,please contact Ki, e Ga y at T. ., or [e-mail].
— - _ -_ _ ®4 /I/21 , A

Determination of Jurisdiction:
3ased on preliminary information,there appear to be waters of the US including wetlands within the above described projec
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described project area subject to the permit requirements c
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or ow
)ublished regulations,this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Sec
104 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
['he jurisdictional areas within the above described project area have been identified under a previous action. Please referent
jurisdictional determination issued 1/10/08. Action ID SAW-2008-118
of Jurisdictional Iiet ion: T theast Ca a Fear River is a Section 10 Navigable Water and a federal proje(
s Regulatory O icial:( - 11
January 10,2
:VEY PLATS,FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE
'ACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
y Furnished:
d Coburn,DENR-DWQ,Wilmington Regional Office, 127 Cardinal Drive Ext.,Wilmington,NC 28405

on ID Number: SAW-2008-118 County: New Hanover
nittee: Piedmont Natural Gas (do Edward Kosarek
Permit Issued: January 10, 2008
ject Manager: Kimberly Garvey
n completion of the activity authorized by this permit and any mitigation required by the permit.
this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON,NORTH CAROLINA 28402-1890
se note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps
ineers representative. If you fail to comply with this permit you are subject to permit suspension
lification,or revocation.
reby certify that the work authorized by the above referenced permit has been completed in
ordance with the terms and condition of the said permit, and required mitigation was completed i
1rdance with the permit conditions.
nature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
.ction Id.SAW-2008-118 County: New Hanover U.S.G.S.Quad: Castle Hayne
NOTIFICATION OF JURISDICTIONAL DETERMINATION
roperty Owner/Agent: Piedmont Natural Gas
Address: do Edward Kosarek
PO Box 4489
Wilmington,NC 28406
Telephone No.: [phone]
roperty description:
Size(acres) 1 Nearest Town Wilmington
Nearest Waterway Northeast Cape Fear River River Basin Lower Cape Fear
USGS HUC 03030005 Coordinates N 33.9044 W 78.3655
Location description: The six inch natural gas line runs from across the Northeast Cape Fear River NI,.CO.of
'ictoria Lane and north of Smith Creek in New Hanover County,North Carolina. Latitude:34.27°N;Longitude:
7.95°W.
ndicate Which of the Following Apply:
L. Preliminary Determination
Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you hav
this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered fmal,a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).
Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law of
our published regulations,this determination may be relied upon for a period not to exceed five years from the date of tit
notification.
There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Watei
Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may bE
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more time
delineation,you may wish to obtain a consultant. To be considered fmal,any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps.
Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed
five years.

.ction ID: SAW-2008-118
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington,NC,at(910)395-3900 to determine
their requirements.
lacement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
onstitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). If you have any questions regarding this
etermination and/or the Corps regulatory program,please contact Ms.Kimberly Garvey at(910)251-4482.
Basis For Determination
'he Northeast Cape Fear River is a Section 10 Navigable Water and a federal project.
). Remarks
Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
1.above)
his correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
etermination,you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fin(
fotification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this
etermination you must submit a completed RFA form to the following address:
District Engineer,Wilmington Regulatory Division
Attn: Kimberly Garvey,Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington,North Carolina 28402
a order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for
ppeal under 33 CFR part 331.5,and that it has been received by the District Office within 60 days of the date of the NAP.
hould you decide to submit an RFA form,it must be received at the above address by 10 March 2008.
*It is not necessary to submit an RF orm to tlt)D' t Of iee if yodo not object to the determination in this
orrespondence.** ' / I
f'ores Regulatory Official '
)ate 10 January 2008 . . Expiration Da a 10 January 2012
'he Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
o so,please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to
omplete the survey online.
;opy furnished:
;had Coburn,DENR-DWQ,Wilmington Regional Office, 127 Cardinal Drive Ext.,Wilmington,NC 28405

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
icant: Piedmont Natural Gas (c/o File Number: SAW-2008-118 Date: 10 January 2008
Ord Kosarek
.,hed is: See Section below
f'iITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
'ROFFERED PERMIT(Standard Permit or Letter of permission) B
'ERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
'RELIMINARY JURISDICTIONAL DETERMINATION E
TION I - The following identifies your rights and options regarding an administrative appeal of the abo
;ion. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg
regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
LCCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fins
uthorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your si€
n the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to app(
ermit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
)BJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request
ermit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. You
bjections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to
ie permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify t
ermit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permi
aving determined that the permit should be issued as previously written. After evaluating your objections,the district engin
rill send you a proffered permit for your reconsideration,as indicated in Section B below.
'ROFFERED PERMIT: You may accept or appeal the permit
CCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fin.
uthorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your siI
,n the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to app4
lermit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
\PPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions thereii
nay appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of thi
nd sending the form to the division engineer. This form must be received by the division engineer within 60 days of the dal
his notice.
'ERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Proce:
feting Section II of this form and sending the form to the division engineer. This form must be received by the division eng
n 60 days of the date of this notice.

:ELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
ling the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approv
hich may be appealed),by contacting the Corps district for further instruction. Also you may provide n
cation for further consideration by the Corps to reevaluate the JD.
_ s •e k a**Og 4 SNP -3 ; s r r-P A"` f' ' 1
Q '. SFOF �cr F) J ....C�S T4 11II` ., �. ,
ONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
ions to an initial proffered permit in clear concise statements. You may attach additional information tc
rm to clarify where your reasons or objections are addressed in the administrative record.)
TIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
randum for the record of the appeal conference or meeting, and any supplemental information that the
officer has determined is needed to clarify the administrative record. Neither the appellant nor the Co]
dd new information or analyses to the record. However, you may provide additional information to clai
ration of information that is already in the administrative record.
ram
have questions regarding this decision If you only have questions regarding the appeal process
the appeal process you may contact: may also contact:
imberly Garvey Mr.Mike Bell,Administrative Appeal Review Officer
ington Regulatory Field Office CESAD-ET-CO-R
)x 1890 U.S. Army Corps of Engineers, South Atlantic Division
ington, North Carolina 28402 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
T OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and an}
anent consultants, to conduct investigations of the project site during the course of the appeal process.
provided a 15 day notice of any site investigation, and will have the opportunity to participate in all sit
igations.
Date: Telephone number:
ure of appellant or agent.
r appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
rm to:
strict Engineer, Wilmington Regulatory Division,Attn: Ms. Kimberly Garvey, Project Manager,
ilmington Regulatory Field Office,PO Box 1890, Wilmington, North Carolina 28402

•
NATIONWIDE PERMIT 3
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19,2007
Maintenance. (a)The repair,rehabilitation,or replacement of any previously authorized,
currently serviceable, structure,or fill,or of any currently serviceable structure or fill authorized
by 33 CFR 330.3,provided that the structure or fill is not to be put to uses differing from those
uses specified or contemplated for it in the original permit or the most recently authorized
modification.Minor deviations in the structure's configuration or filled area, including those due
to changes in materials,construction techniques,or current construction codes or safety
standards that are necessary to make the repair,rehabilitation,or replacement are authorized.
This NWP authorizes the repair,rehabilitation,or replacement of those structures or fills
destroyed or damaged by storms, floods, fire or other discrete events,provided the repair,
rehabilitation,or replacement is commenced,or is under contract to commence,within two years
of the date of their destruction or damage.In cases of catastrophic events,such as hurricanes or
tornadoes,this two-year limit may be waived by the district engineer,provided the permittee can
demonstrate funding,contract, or other similar delays.
(b)This NWP also authorizes the removal of accumulated sediments and debris in the
vicinity of and within existing structures(e.g.,bridges,culverted road crossings,water intake
structures,etc.)and the placement of new or additional riprap to protect the structure.The
removal of sediment is limited to the minimum necessary to restore the waterway in the
immediate vicinity of the structure to the approximate dimensions that existed when the structure
was built, but cannot extend further than 200 feet in any direction from the structure.This 200
foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or
restricting outfall and intake structures or to maintenance dredging to remove accumulated
sediments from canals associated with outfall and intake structures.All dredged or excavated
materials must be deposited and retained in an upland area unless otherwise specifically
approved by the district engineer under separate authorization. The placement of riprap must be
the minimum necessary to protect the structure or to ensure the safety of the structure.Any bank
stabilization measures not directly associated with the structure will require a separate
authorization from the district engineer.
(c)This NWP also authorizes temporary structures,fills,and work necessary to conduct
the maintenance activity.Appropriate measures must be taken to maintain normal downstream
flows and minimize flooding to the maximum extent practicable,when temporary structures,
work, and discharges, including cofferdams, are necessary for construction activities,access fills,
or dewatering of construction.sites.Temporary fills must consist of materials,and be placed in a
manner,that will not be eroded by expected hieh flows.Temnorary fills mulct he.Pn,n.,Pti ;„

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1.Navigation. (a)No activity may cause more than a minimal adverse effect on
navigation.
(b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations
or otherwise,must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c)The permittee 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.
2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody,including those species
that 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.
3. Spawning Areas.Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable.Activities that result in the physical destruction (e.g.,
through excavation,fill,or downstream smothering by substantial turbidity)of an important
spawning area are not authorized.
4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material.No activity may use unsuitable material (e.g.,trash,debris,car
bodies,asphalt, etc.).Material used for construction or discharged must be free from toxic
pollutants in toxic amounts(see Section 307 of the Clean Water Act).
7. Water Supply Intakes.No activity may occur in the proximity of a public water supply

•
under any NWP which "may affect"a listed species or critical habitat,unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b)Federal agencies should follow their own procedures for complying with the
requirements of the ESA.Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c)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 if the project is
located in designated critical habitat,and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized.For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat,the pre-construction 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. The district engineer will
determine whether the proposed activity"may affect"or will have"no effect"to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification.In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not
begin work until the Corps has provided notification the proposed activities will have"no effect"
on listed species or critical habitat,or until Section 7 consultation has been completed.
(d)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 NWPs.
(e)Authorization of an activity by a NWP does not authorize the "take"of a threatened or
endangered species as defined under the ESA.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.FWS or the NMFS,both lethal and non-lethal"takes"of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide
Web pages at http://www.fws.gov/and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a)In cases where the district engineer determines that the
activity may affect properties listed,or eligible for listing, in the National Register of Historic
Places,the activity is not authorized,until the requirements of Section 106 of the National
Historic Preservation Act(NHPA)have been satisfied.
(b)Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act.Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c)Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
Properties listed_determined to he eligible for lictino nn nr nntentia1hi Plivih1P fnr 1;Ct;.,rt...,tho

20.Mitigation.The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a)The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent,to waters of the United States to the maximum extent practicable
at the project site(i.e.,on site).
(b)Mitigation in all its forms (avoiding, minimizing,rectifying,reducing,or
compensating)will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c)Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification,unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement.For
wetland losses of 1/10 acre or less that require pre-construction notification,the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced,wetland
restoration should be the first compensatory mitigation option considered.
(d)For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration,to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e)Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs.For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters.However,compensatory mitigation can and should be used,as necessary,to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f)Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment,maintenance, and legal protection
(e.g.,conservation easements)of riparian areas next to open waters. In some cases,riparian areas
may be the only compensatory mitigation required.Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site,the district engineer will determine the appropriate compensatory mitigation (e.g.,riparian
areas and/or wetlands compensation)based on what is best for the aquatic environment on a
watershed basis.In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation_ the dictrint engineer may waives 111.ri.fillnr.tbs.rnr„irnmo.,++....r...:7.

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions,have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification.Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a)A statement that the authorized work was done in accordance with the NWP
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.
27.Pre-Construction Notification. (a)Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
notification(PCN)as early as possible.The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and,as a general rule,will request
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 until either:
(1)He or she is 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)Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer.However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties,the permittee cannot begin the activity until receiving written
notification from the Corps that is"no effect"on listed species or"no potential to cause effects"
on historic properties,or that any consultation required under Section 7 of the Endangered
Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation (see
? !NTT) 77A A/—\\ '- ------1_a__1 ♦ 1-- ---- , . 1 -

(2)For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States,the district engineer will immediately
provide (e.g.,via facsimile transmission,overnight mail,or other expeditious manner)a copy of
the PCN to the appropriate Federal or state offices(U.S.FWS,state natural resource or water
quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation
Office (THPO),and, if appropriate,the NMFS). 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 pre-construction 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 pre-construction notification that the resource
agencies' concerns were considered.For NWP 37,the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended,or revoked in accordance with the procedures at 33 CFR 330.5.
(3)In cases of where the prospective permittee is not a Federal agency,the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations,as required by Section 305(b)(4)(B)of the
Magnuson-Stevens Fishery Conservation and Management Act.
(4)Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5)For NWP 48 activities that require reporting,the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e)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. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands,the prospective permittee should submit a mitigation proposal with the
PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts.
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. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal,after considering mitigation,the district engineer will notify the
permittee and include any conditions the district engineer deems necessary.The district engineer
must approve any compensatory mitigation proposal before the nermittee commences work_ If

•
decline in other aquatic resource function(s).Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream:An ephemeral stream has flowing water only during,and for a short
duration after,precipitation events in a typical year.Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream.Runoff from rainfall
is the primary source of water for stream flow.
Establishment(creation): The manipulation of the physical,chemical,or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district,site(including archaeological
site),building,structure,or other object included in,or eligible for inclusion 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 properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria(36 CFR part 60).
Independent utility:A test to determine what constitutes a single and complete project in
the Corps regulatory program.A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area.Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility.Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream:An intermittent stream has flowing water during certain times of the
year,when groundwater provides water for stream flow.During dry periods,intermittent streams
may not have flowing water.Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding,excavation,or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody,or change the use of a
waterbody.The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services.The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled,flooded,
excavated,or drained,but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States.Impacts resulting
from activities eligible for exemptions under Section 404(f)of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tidal wetland:A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters.The definition of a wetland can be found at 33 CFR 328.3(b).Non-tidal
wetlands contiguous to tidal waters are located landward of the Mali ti i t;.,P t;

•
which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding:The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments(i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments,or other appropriate materials placed into waters for shellfish
habitat.
Single and complete project: The term "single and complete project"is defined at 33
CFR 330.2(i)as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility(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 specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project.However, individual channels in a
braided stream or river,or individual arms of a large, irregularly shaped wetland or lake,etc.,are
not separate waterbodies,and crossings of such features cannot be considered separately.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion,water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices,which retain water for a period of time to control runoff and/or improve the quality
(i.e.,by reducing the concentration of nutrients, sediments,hazardous substances and other
pollutants)of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed,but outside of the ordinary high water marks,are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course,condition,capacity,or
location that causes more than minimal interruption of normal stream processes.A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include,without limitation, any pier,boat dock,boat ramp,wharf,dolphin,weir,
boom,breakwater,bulkhead,revetment,riprap,jetty, artificial island,artificial reef,permanent
mooring structure,power transmission line,permanently moored floating vessel,piling,aid to
navigation,or any other manmade obstacle or obstruction.
Tidal wetland:A tidal wetland is a wetland(i.e.,water of the United States)that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
17R .(hl and 11 CPR t7R dal rperwrtive1v Tidal xxiatPre ric aril fall in a rsve.A;n+ahlo ar..a

REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1. Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF)or the North Carolina Wildlife Resources Commission(NCWRC)as anadromous fish
spawning areas are excluded during the period between February 15 and June 30,without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I.b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30,without prior written approval from the National Marine
Fisheries Service(NMFS).
2. Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S.that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN)and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street,Asheville,North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Snecies and the following wehsite for information on the

2.3. Coastal Area Management Act(CAMA)Areas of Environmental Concern
Non-Federal applicants for any NWP 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),must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished 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).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina,applicants must comply with
Nationwide Permit General Condition 27(PCN).
2.5.Mountain or Piedmont Bogs
Prior to the use of any NWP in a"Mountain or Piedmont Bog"of North Carolina,applicants
shall comply with Nationwide Permit General Condition 27(PCN).
Note: The following wetland community types identified in the N.C.Natural Heritage Program
document,"Classification of Natural communities of North Carolina(Michael P. Schafale and
Alan S. Weakley, 1990),are subject to this regional condition.
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
(Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including

3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream,the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet,that require a PCN,the District Commander may determine,on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
33. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/intermittent stream,the applicant must comply with Nationwide
Permit General Condition 27(PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements,the requirements of the NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material,measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization,the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.

•
3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used,a swimming advisory shall be posted,and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation(SAV)are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974(CAMA).

Water Quality Certification N°. 3687
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS: 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING, ENHANCEMENT,AND ATTRACTION DEVICES AND
ACTIVITIES), 5 (SCIENTIFIC MEASUREMENT DEVICES-25 CUBIC YARDS FOR WEIRS
AND FLUMES), 6 (SURVEY ACTIVITIES-25 CUBIC YARDS FOR TEMPORARY PADS),
7 (OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES),
19 (MINOR DREDGING), 20(OIL SPILL CLEANUP), 22 (REMOVAL OF VESSELS),
25 (STRUCTURAL DISCHARGE), 30(MOIST SOIL MANAGEMENT FOR WILDLIFE),
32(COMPLETED ENFORCEMENT ACTIONS), 36 (BOAT RAMPS [IN NONWETLAND
SITES]), AND REGIONAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES),AND
REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3687 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas which are waters of the United
States as described in 33 CFR 330 Appendix A(B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36)of
the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1)of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a. Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location, or
b. Temporary or permanent impacts equal to or exceeding: one-third (1/3)acre of
wetlands East of Interstate-95, or one-tenth (1/10)of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources; or
d. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. Any impacts to streams and/or buffers in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) unless the activities are listed as
"EXEMPT"from these Rules
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities included in this General Certification and below the thresholds listed above do
not require written approval from the Division of Water Quality as Iona as they comply with

Water Quality Certification N°. 3687
Conditions of Certification:
1. No Impacts Beyond Those Authorized for this General Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas
beyond the thresholds established for use of this General Certification, or beyond the
footprint of the impacts authorized in the written approval, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times. ,except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs),
Trout(Tr), SA,WS-I,WS-II, High Quality(HQW), or Outstanding Resource(ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds(15A NCAC 04B .0124)supercede all other sediment
and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the design
and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two(2) months of the date that the
Division of Land Resources or locally delegated program has released the project.
4. Construction Stormwater Permit NCG010000

Water Quality Certification N°. 3687
activity is covered by this permit[applicable to construction projects that disturb one(1)or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
NCDOT shall be required to be in full compliance with the conditions related to construction
activities within the most recent version of their individual NPDES(NCS000250)stormwater
permit.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity(i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission(WRC), US Fish and Wildlife Service(USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service(NMFS)to protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
obeyed. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five(25)designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS personnel. •
7. Riparian Area Protection Rules(Buffer Rules)
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not)within the Neuse, Tar-Pamlico, Randleman, Catawba(or any other basin with buffer
rules), shall be limited to"uses"identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250, and .0243, and 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. All riparian area protection rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide(high-density development)or the 30-foot wide vegetative buffer(all other

Water Quality Certification N°. 3687
9. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross-sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced(i.e., not result
in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions(including the cross section dimensions, pattern, and longitudinal
profile)must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life, unless otherwise justified and approved by the
Division.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native,woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip-rap or other bank hardening
methods.
10. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H .1405.
12. Temporary Fills and/or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, plan form pattern, and
longitudinal bed and bed profile after construction is complete or within two(2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings)and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.

Water Quality Certification N°. 3687
13. For activities requiring written approval, additional site-specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards.
14.Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
15. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact(FONSI)or Record of
Decision (ROD)is issued by the State Clearinghouse.
16. This General Certification shall expire three(3)years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.7B, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit. The
conditions in effect on the date of issuance of Certification for a specific project shall remain
in effect for the life of the project, regardless of the expiration date of this Certification. If the
construction process for approved activities will overlap the expiration and renewal date of
the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then
the General Certification shall also remain in effect without requiring re-application and re-
approval to use this Certification for the specific impacts already approved.
17. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards(including any requirements resulting from
compliance with §303(d)of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this General Certification for the project and may result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Water Quality Certification N°. 3687
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullin
Director
History Note: Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued
December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This
General Certification is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality.

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Northeast Cape Fear River Pipeline Repair
2. Name of Property owner/Applicant: Piedmont Natural Gas
3. Name of Consultant/Agent: N/A
*Agent Authorization needs to be attached
4. Related/Previous Action ID Number(s): N/A
5. Site Address: N/A
6. Subdivision Name: N/A
7. City: N/A
8. County: New Hanover
9. Lat: 34.27°N Long: 77.95°W (Decimal Degrees Please)
10. Quadrangle Name: Castle Hayne (2000)
I 1. Waterway: Northeast Cape Fear River
12. Watershed: Northeast Cape Fear River
13. Requested Action:
X Nationwide Permit # 3 RECEIVED
DCM WILMINGTON, NC
General Permit#
Jurisdictional Determination Request JAN 1 1 2008
Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404

•
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project,please enter"Not Applicable"or"N/A".)
Processing
1 . Check all of the approval(s)requested for this project:
® Section 404 Permit ❑ Riparian or Watershed Buffer Rules
® Section 10 Permit ❑ Isolated Wetland Permit from DWQ
n 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP No. 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certificatic
is not required, check here:
4. . If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is propose
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VII
and check here: ❑
5. If your project is located in any of North Carolina's twenty coastal counties (listed on pag
4), and the project is within a North Carolina Division of Coastal Management Area (
Environmental Concern (see the top of page 2 for further details), check here:
:I. Applicant Information
1. . Owner/Applicant Information
Name: Piedmont Natural Gas
Mailing Address: P.O. Box 4489
Wilmington, NC 28406
Telephone Number: 919.812.4919 Fax Number: 910.350.2263
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization lett(
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

[II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to loci
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing proper)
boundaries and development plans in relation to surrounding properties. Both the vicinity ma
and site plan must include a scale and north arrow. The specific footprints of all building
impervious surfaces, or other facilities must be included. If possible, the maps and plans shoul
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the propert
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretioi
so long as the property is clearly defined. For administrative and distribution purposes, th
USACE requires information to be submitted on sheets no larger than 11 by 17-inch forma
however, DWQ may accept paperwork of any size. DWQ prefers full-size constructio
drawings rather than a sequential sheet version of the full-size plans. If full-size plans at
reduced to a small scale such that the final version is illegible, the applicant will be informed th<
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Northeast Cape Fear River Pipeline Repair
2. T.I.P. Project Number or State Project Number(NCDOT Only): N/A
3. Property Identification Number(Tax PIN): N/A
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From U.S. Highwa
74, head north on N.C. Highway 133 (Castle Hayne Road). Turn left on Victori,
Drive. At dead end of Victoria Drive, head west to the Northeast Cape Fea
River.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet tha
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.27 °N 77.95 °W
6. Property size (acres): < 0.1-acre project area
7. Name of nearest receiving body of water: Northeast Cape Fear River
8. River Basin: Cape Fear
(Note — this must be one of North Carolina's seventeen designated major river basins. Th,
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

•
10.Describe the overall project in detail, including the type of equipment to be used: The
project involves repairing a leak in an existing natural gas pipeline beneath th
Northeast Cape Fear River. Excavation will be accomplished using a
extended reach trackhoe working from a spud barge. Excavated soil will like)
remain on the river bottom. Divers will repair the leak with a leak clamp an
excavated soil will be returned to the hole.
11.Explain the purpose of the proposed work: The proposed work is necessary t
repair a leak in an existing natural gas pipeline.
V. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for th]
project (including all prior phases of the same subdivision) in the past, please explain. Includ
the USACE Action ID Number, DWQ Project Number, application date, and date permits an
certifications were issued or withdrawn. Provide photocopies of previously issued permit,
certifications or other useful information. Describe previously approved wetland, stream an
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT projec
list and describe permits issued for prior segments of the same T.I.P. project, along wit
construction schedules. N/A— no prior project history known.
7. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe.the anticipated wort
and provide justification for the exclusion of this work from the current application.
No
ri. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts t
wetlands, open water, and stream channels associated with the project. Each impact must b
listed separately in the tables below (e.g., culvert installation should be listed separately fron
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impact
permanent and temporary, must be listed, and must be labeled and clearly identifiable on ai
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial

•
1. Provide a written description of the proposed impacts: The proposed impact
involve temporary excavation of approximately 30 square feet on the bottoi
of the Northeast Cape Fear River. Upon completion of the repairs, soil will b
returned to the area from which it was taken.
2. Individually list wetland impacts. Types of impacts include, but are not limited 1
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dam
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area o
Site Number Type of Impact (e.g., forested,marsh, 100-year Nearest Impact
(indicate on map) herbaceous,bog,etc.) Floodplain Stream (acres,
(yes/no) (linear feet)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact(acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporal
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dai
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, cri
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is propose(
plans and profiles showing the linear footprint for both the original and relocated stream
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
1 Northeast Cape Excavation Perennial 1,300 feet 6 0.0007
Fear River
Total Stream Impact(by length and acreage) 0.0007
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlanti
Ocean and any other water of the U.S.). Open water impacts include, but are not limited t
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number Type of Impact (lake,pond,estuary,sound,bay, Impact
(indicate on map) (if applicable) ocean,etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact(acres) 0
T ;et .-.11 .,f+k T T C ,•oe„lt;,,.. f +ho +•

7. Isolated Waters
Do any isolated waters exist on the property? ❑ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) ar
the size of the proposed impact (acres or linear feet). Please note that this section on
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should I
included above in the wetland and stream impact sections. Also, the proposed pond shout
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetland
Describe the method of construction (e.g., dam/embankment, excavation, installation
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pon,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification(Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provic
information related to site constraints such as topography, building ordinances, accessibility, ar
financial viability of the project. The applicant may attach drawings of alternative, lower-impa
site layouts, and explain why these design options were not feasible. Also discuss how impac
were minimized once the desired site plan was developed. If applicable, discuss constructic
techniques to be followed during construction to reduce impacts. Due to the nature of th
project, alternative locations are not feasible. Excavation will be limited to th
extent practical. To minimize impacts to the river, excavation will b
accomplished using an extended reach trackhoe working from a barge.
VIII. Mitigation
DWQ - In accordance with 1 5A NCAC 2H .0500, mitigation may be required by the N
Division of Water Quality for projects involving greater than or equal to one acre of impacts 1
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perenni,
streams.

mitigation as proposed. Examples of mitigation that may be appropriate and practicable includ
but are not limited to: reducing the size of the project; establishing and maintaining wetlar
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses
aquatic resource functions and values by creating, restoring, enhancing, or preserving simil
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in ord
for USACE or DWQ to consider the application complete for processing. Any applicatc
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplet
An applicant may also choose to review the current guidelines for stream restoration in DWQ
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most curre:
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provic
as much information as possible, including, but not limited to: site location (attach directioi
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear fee
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan vies
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and
description of the current site conditions and proposed method of construction. Please attar
a separate sheet if more space is needed.
Based on the urgent nature of the project and the limited amount 4
temporary impacts required to repair the pipeline, mitigation is not anticipate
for the proposed project.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhanceme]
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP
[phone] to determine availability, and written approval from the NCEEP indicatir
that they are will to accept payment for the mitigation must be attached to this form. Fc
additional information regarding the application process for the NCEEP, check the NCEE
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is propose,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
X_ Environmental Documentation (required by DWO)

•
2. If yes, does the project require preparation of an environmental document pursuant to tr
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA'
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEP,
coordinator at(919) 733-5083 to review current thresholds for environmental documentation
Yes ❑ No ❑
3. If yes, has the document review been finalized by the State Clearinghouse? If so, plea:
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑
Proposed Impacts on Riparian and Watershed Buffers(required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts I
required state and local buffers associated with the project. The applicant must also provid
justification for these impacts in Section VII above. All proposed impacts must be listed hereit
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on
map, whether or not impacts are proposed to the buffers. Correspondence from the DWI
Regional Office may be included as appropriate. Photographs may also be included at th
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .023
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAI
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (pleas
identify )? Yes ❑ No
2. If"yes", identify the square feet and acreage of impact to each zone of the riparian buffer:
If buffer mitigation is required calculate the required amount of mitigation by applying th
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone l.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into th
Riparian Buffer Restoration Fund). Please attach all appropriate information as identifier
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
:I. Stormwater (required by DWQ)

KII. Sewage Disposal(required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
KIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No
Is this an after-the-fact permit application? Yes ❑ No
KIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in addition
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance wi
the most recent North Carolina Division of Water Quality policy posted on our website
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
KV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desire
construction dates to allow processing time for these permits. However, an applicant ME
choose to list constraints associated with construction or sequencing that may impose limits c
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered ar
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
The proposed project was not planned in advance, but is rather an emergenc
repair of an existing line. Consequently, the permitting schedule was nc
accounted for in the overall project schedule. The repairs must be completed a
soon as practical for public health and safety.
Applican gent's Si: ature Date
(Agents signature is valid only if an authorization letter from the applicant is provided.)

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Approximate Location of Natural Gas Pipeline Repair
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