46232D - Bell

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GENERAL PERMIT Previous permit#
New ❑Modification iComplete Reissue ❑Partial Reissue Date previous permit issued
ized by the State of North Carolina,Department of Environment and Natural Resources
:oastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC 7 4-1 .IL'00
p•Rules attached.
:Name 6 i S oli T t-t -.T(H N IAA N 14E_ Project Location: County R.11-1/tJ V\J i( VL.
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THE FACE OFT♦HIS'DOCUMENT IS MULTICOLORED WITH AN ARTIFICIAL WATERMARK ON THE BACK.
CALL INVOICE RECIPIENT WITH QUESTIONS
® BELLSOUTH Check Number: 200013664
Date: 10/12/2006 s 9
Pay *400 DOLLARS AND 00 CENTS o LY♦ I 00!e
�agaJCTSCTS
ThTo e NC DEPARTMENT OF ENVIRONMENTAL
Order
127 CARDINAL DRIVE EXT VOID AFTER 180 DAVS
Of
WILMINGTON, NC 28405
SUNTRUST �,
s nTrutl BiM,gHanta a J J/ 4ature
/sunTruat Barak,Nartawestr Georgia,.N.A Q/// '1 /
i�' 2000 L 3664ii' 1:06 L L00 790,: 88006 L 5968ii'

AO EA/
ft ED CAecK
September 29, 2006 y.�, / `,,
Thu) �Pe�M4 Q Property Owner: (,J/CAM A o N St
The North Carolina Department of Transportation is preparing to replace the S Middleton Av
Bridge over Davis Canal. BellSouth facilities are currently attached to the existing bridge, and will
have to be relocated. BellSouth's facilities will be relocated to the east side of construction,
staying within the Public Right of Way. A directional bore under the Canal will be made to
accommodate the placement of facilities.
This waiver is sent to you as the owner of property adjacent to the North Carolina Public Right of
Way, where the directional bore is proposed.
BellSouth Telecommunications Inc.
102N4thSt
Wilmington, NC 28401
Phone [phone]

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER
FORM
Name of individual applying for the permit:
Address of property:
(Lot or street#,street of road)
(City&County)
I hereby certify the I own property adjacent to the above referenced property. The
Individual applying for this permit has described to me(as shown on the attached
drawing)the development they are proposing. A description or drawing,with
dimensions,should be provided whit this letter.
I have no objections to this proposal
If you have objections to what is being proposed,please write the Division of Coastal
Management,400 Commerce Ave.,Morehead City,NC 28557 or call(252)808-2808
within 10 days of receipt of the notice. No response is considered the same as no
objection if you have been notified by Certified Mail.
Waiver Section
I understand that a pier,dock,mooring pilings,breakwater,boathouse,lift or
sandbags must be set back a minimum distance of 15' From my area of riparian
access unless waived by me. (If you wish to waive the setback,you must initial the
appropriate blank below.)
I do wish to waive the 15' setback requirement
I do not wish to waive the 15" setback requirements

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PROPOSED DIRECTIONAL BORE OF DAVIS CANAL 'N - .
BELLSOUTH TELECOMMUNICATIONS INC.
- 365' �1 . - 165' -'1-4( 410' )110'{
PROPOSED BRIDGE
GROUND LINE MTL 1 HATER LEVEL
6 20, CANAL BEU
GROUND LINE

DAVIS
CANAL
�s--- 365' 160' -I 410' sw-1
------- R/W -----•
PROPOSED DIRECTIONAL BORE -_-_- - R/W ------------------
i ••..s•.s.
ISLAND DR j••• ••�����4 SOUTH MIDDLETON AV TO: OCEAN BEACH DR
/L~� CpNC ee1CH Rp
DAVIS
CANAL m
O
N Z
D �
r o
SITE
JMMUNICATIONS
470-2681 ` s MIDDLETON AV

6 1Vig
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY UTILITIES COORDINATION UNIT
GOVERNOR 1555 MAIL SERVICE CENTER RALEIGH N C 27699-1555 LYSECR SECRETARY
T1PPETT
PHONE[phone] FAX[phone]
August 28, 2006
WBS ELEMENT: 34407.3.1 (R-2245)
COUNTY: Brunswick
DESCRIPTION: New Route from SR 1104 (Ocean Beach Drive) to NC 211 (Second Bridge
to Oak Island).
SUBJECT: Utility Conflict—BellSouth Telecommunications, Inc. (Island side only)
Mr. William Upton
Staff Manager
BellSouth Telecommunications, Inc.
601 W. Chestnut St., #4 NW
Louisville, KY 40203-2034
Dear Mr. Upton:
Attached for your files is an executed copy of the Encroachment Contract Agreement, which covers
the proposed relocation of your Company's facilities in conflict with the above project.
Please proceed with the clearing of this project in accordance with your relocation plans as
submitted.
I am requesting our Resident Engineer, Mr. Wayne Currie in Wilmington, NC at telephone (910)
251-2691, to get in touch with your Mr. John Hanner in Wilmington, NC at telephone (910) 341-
7653 to arrange for a Relocation Scheduling Conference before beginning the actual utility
relocations. Please do not begin any of the actual (`nnctn,nf; ,...

Mr. William Upton
August 28, 2006
Page 2
Thank you for cooperation in this matter.
Sincerely,
J. Robert Memory
State Utility Agent
By: yton410,Zix
Martin
Senior Utility Agent
JRM:DM:cam
(ul lr-2245)
Attachment
cc: Mr. Allen Pope, PE
Mr. Joe Blair, PE
Mr. Wayne Currie
Mr. John Harmer

•
•
SPECIAL PROVISIONS
16. 1
BellSouth (Island Only)
Brunswick County WBS Element: 34407.3.1.1
1. The encroaching party shall notify the District Engineer's office at telephone[phone] prior
beginning construction and after construction is complete.
2. The District Engineer shall be notified in writing at 4009 District Drive, Raleigh,North Carolina
27607, upon completion of work associated with this agreement.
3. It shall be the responsibility of the Encroacher to determine the location of other utilities within the
encroachment area. The Encroacher shall be responsible for notifying other utility owners and
providing protection and safeguards to prevent damage or interruption to existing facilities and to
maintain accessibility to existing utilities.
4. At the end of each working day, equipment shall be parked a minimum of 30 feet from the edge of
any travel lane and be barricaded in order not to have any equipment obstruction within the clear
recovery zone.
5. Any drainage structure disturbed or damaged shall be restored to its original condition as directed b
the District Engineer.
6. All earth areas disturbed shall be regraded and reseeded in accordance with Division of Highways
Standards and Specifications.
7. The applicant is responsible for identifying project impacts to waters of the United States (wetlands
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Divisic
of Water Quality(NCDWQ). The applicant is required to obtain pertinent permits or certification
from these regulatory agencies if construction of the project impacts waters of the United States
within the NCDOT right-of-way. Additional information can be obtained by contacting the USAC;
or NCDWQ.
8. Handholes shall be placed no closer than three (3') feet from edge of pavement or back of curb.
9. Manhole rings and covers, valve covers, handholes and storm drainage grates and frames shall be o
the traffic-bearing types approved by NCDOT for use within highway rights of way.
10. Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight. The
Contractor shall comply with all OSHA requirements and provide a competent person on site to
supervise excavation at all times.
11. The encroaching party shall notify the Resident Engineer's office in Wilmington, NC at telephone
[phone] prior to beginning construction and after construction is complete.
12. No lane of traffic shall be closed or restricted between the hours of 6:00 AM to 9:00 AM and 4:00
PM to 8:00 PM Mnndav thrnnnh Fririo.,

Special Provisions (Cont.)
BellSouth (Island Only)
Page 2
16. All crossings of state maintained routes shall be by bore only.
17.Directional drilling methods have not been given statewide approval for use on NCDOT right of
way. Under no condition shall jetting alone or wet boring with water of utility pipelines be allowed
Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a
minimum depth of ten (10) feet below the pavement surface [fifteen (15') feet below the surface of
partial and/or full control of access roads] and five(5') feet below any ditch line. Any parallel
installation utilizing the directional boring method shall be made at a minimum depth of three (3')
feet (cover)below the ground surface and outside the theoretical 1:1 slope from the existing edge o
pavement except where the parallel installation crosses a paved roadway. The tip of the drill string
shall have a cutter head. Detection wire shall be installed with non-ferrous material. Any changes
shall be submitted to the District Engineer for approval prior to construction. For multiple conduit
installations (including perpendicular&parallel installations), install conduits with five(5) feet
minimum horizontal separation between each conduit or install multiple conduits within a single
duct. All directional bores shall maintain a minimum distance of five (5) feet from the nearest part
pipe culverts and box culverts and ten (10') feet minimum horizontal clearance including but not
limited to bridges and footings. An overbore shall not be more than two (2") inches greater tha
the diameter of the pipe or encasement. An overbore exceeding two (2") inches greater than
the diameter of the pipe or encasement will be considered if the encroachment agreement
includes a statement signed and sealed by a North Carolina Registered Professional Engineer
indicating that an overbore in excess of two (2") inches of the diameter of the pipe or
encasement will arch and no damage will be done to the pavement or sub-grade. HDPE pipe
installed by directional boring shall not be connected to existing pipe or fittings for one (1)
week from the time of installation to allow tensional stresses to relax.
18. All traffic-bearing splice boxes, manholes, handholes and other appurtenances within NCDOT righ
of way shall be of a NCDOT approved design for HS-20 loading and be flush mounted. Manholes,
handholes and/or vaults shall not be placed in the ditch line, side slopes of the ditches or in the
pavement.
19. Any existing driveways, curb and gutter or drainage structures that are damaged during contruction
shall be repaired to their original condition.
20. Any pavement markings that are damaged or obliterated shall be restored. All pavement markings
shall be thermoplastic.
21. An executed copy of this encroachment agreement will be present at the construction site at all time
during construction. NCDOT reserves the right to stop all work unless evidence of approval can be
shown.
22. All materials and construction shall be in accordance with NCDOT standards and specifications,
including but not limited to, the NCDOT Standard Specifications for Roads and Structures 2002, th
NCDOT Roadway Standards Drawings, and NCDOT Policies and Procedures for Accommodating
Utilities on Highway Rights of Way.

Special Provisions (Cont.)
BellSouth (Island Only)
Page 3
26. The encroacher is responsible for verifying all right of way. If the right of way was not obtained by
the fee simple method, it is the responsibility of the encroacher to obtain permission from the
underlying property owner/owners.
27. No parking or material storage shall be allowed along the shoulders of any NCDOT roadways.
28. All traffic control must conform to the latest edition of The Manual on Uniform Traffic Control
Devices and NCDOT Standards.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
on ID. SAW-2006-41142-010 County: Brunswick USGS Quad: Oak Island/Lockwoods Folly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
lertyOwnerir Aiithorized Agent: BellSouth Telecommunications,Inc.
ress: Attn: Mr.John Hanner
102 North 4th Street
Wilmington,NC 28401
:phone No.: 910-341-7653
and location of property(water body,road name/number,town,etc.): The project area is located at South
Idleton Avenue,crossing Davis Canal/Montgomery Slough,on Oak Island,Brunswick County,North Care
cription of projects area and activity: Relocation of telecommunications facilities under Section 10 jurisdictic
table Waters of the United States(Davis Canal)utilizing directional bore methods at South Middleton
nue.
licable Law: ❑ Section 404(Clean Water Act,33 USC 1344)
® Section 10(Rivers and Harbors Act,33 USC 403)
iorization: Regional General Permit Number:
Nationwide Permit Number: 12
(our work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
litions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subjc
uttee to a stop work order,a restoration order and/or appropriate legal action.
'his verification is valid until the NWP is modified,reissued, or revoked. All of the existing NWPs are scheduled to be mo
.ued,or revoked prior to March 18,2007. It is incumbent upon you to remain informed of changes to the NWPs. We will
is notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity bef
that the relevant nationwide permit is modified or revoked,you will have twelve(12)months from the date of the modifica
cation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior
ration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remaii
the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The I
ineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's author
r any NWP.
activities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification
ild contact the NC Division of Water Quality(telephone[phone])to determine Section 401 requirements.
'or activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CA
r to beginning work you must contact the N.C.Division of Coastal Management in Wilmington,NC,at(910)796-7215.
'his Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required F
or local approvals/permits.
f there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulator
Tam,please contact Jennifer Frye at 910-251-4923.
L�ps Regulatory Official ,_ - ff...74 Date: 10/20/2006

Determination of Jurisdiction:
❑ Based on preliminary information,there appear to be waters of the US including wetlands within the above described p
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Pn
(Reference 33 CFR Part 331).
® There are Navigable Waters of the United States within the above described project area subject to the permit requirem
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 c
published 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
Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulati
this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please re
jurisdictional determination issued . Action ID
sis of Jurisdictional Determination: Davis Canal/Montgomery Slough is a Navigable Water of the United States,suc
are subject to the ebb and flow of the tide and/or are presently used,or have been used in the past,or may be susc(
•use to transport interstate or foreign commerce.
'peals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.above)
is correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
termination,you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd
'tification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determinatio
ist submit a completed RFA form to the South Atlantic Division,Division Office at the Following address:
Mr.Michael F.Bell,Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S.Army Corps of Engineers,South Atlantic Division
60 Forsyth Street,Room 9M 15
Atlanta,Georgia 30303-8801
order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for app
der 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should}
cide to submit an RFA form, it must be received at the above address by 12/20/2006.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspond
irps Regulatory Official:
le 10/20/2006
Le Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue t4

•
ion ID Number:SAW-2006-41142-010 County:Brunswick
mittee: BellSouth Telecommunications,Inc.
:e Permit Issued: 10/20/2006
,ject Manager: Jennifer Frye
3n 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
ase note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps
gineers representative. If you fail to comply with this permit you are subject to permit suspension
dification, or revocation.
ereby 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
ordance with the permit conditions.
;nature of Permittee Date

:'IFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS ANI)
� y
licant: BellSouth Telecommunications, File Number: SAW-2006- Date: 10/20/2006
41142-010
ched is: See Section below
NITIAL PROFFERED PERMIT(Standard Permit or Letter of A
'emission)
'ROFFERED PERMIT(Standard Permit or Letter of permission) B
'ERMIT DENIAL C
\PPROVED JURISDICTIONAL DETERMINATION D
'RELIMINARY JURISDICTIONAL DETERMINATION E
TION I -The following identifies your rights and options regarding an administrative appeal of the abo
sion. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg
is regulations at 33 CFR Part 331.
NI"IIAL PROFFERED PERMIT: You may accept or object to the permit.
kCCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fins
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your sib
)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
he 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
laving determined that the permit should be issued as previously written. After evaluating your objections,the district engir
will send you a proffered permit for your reconsideration,as indicated in Section B below.
?ROFFERED PERMIT: You may accept or appeal the permit
kCCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fun
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your sib
in 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.
APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therei
nay appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of thi
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the da
his notice.
?ERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Proce;
►leting 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.
APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or

•
'RELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
rding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an apprc
which may be appealed),by contacting the Corps district for further instruction. Also you may provide
oration for further consideration by the Corps to reevaluate the JD.
TION II- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
SONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
ctions to an initial proffered permit in clear concise statements. You may attach additional information
form to clarify where your reasons or objections are addressed in the administrative record.)
)ITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps
iorandum for the record of the appeal conference or meeting, and any supplemental information that the
ew officer has determined is needed to clarify the administrative record. Neither the appellant nor the C
add new information or analyses to the record. However,you may provide additional information to c
ocation of information that is already in the administrative record.
NT OF CONTACT FOR QUESTIONS OR INFORMATION:
)u have questions regarding this decision If you only have questions regarding the appeal proce
'or the appeal process you may contact: may also contact:
SCE,WILMINGTON DISTRICT Mr.Michael F.Bell,Administrative Appeal Review Officer
BOX 1890 CESAD-ET-CO-R
,MINGTON,NC 28402 U.S.Army Corps of Engineers,South Atlantic Division
60 Forsyth Street,Room 9M15
Atlanta,Georgia 30303-8801
'BHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and
ernment consultants,to conduct investigations of the project site during the course of the appeal process
be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all
;stigations.
Date: Telephone number:
iature of appellant or agent.
VISION ENGINEER:
mmander
3.Army Engineer Division,South Atlantic
Forsyth Street,Room 9M15
anta, Georgia 30303-3490

NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Utility Line Activities. Activities required for the construction, maintenance, and repair of utility
lines and associated facilities in waters of the United States as follows:
1. Utility lines: The construction, maintenance, or repair of utility lines, including outfall and
intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States,provided there is no change in preconstruction contours. A "utility
line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or
slurry substance, for any purpose, and any cable, line, or wire for the transmission for any
purpose of electrical energy, telephone, and telegraph messages, and radio and television
communication(see Note 1,below). Material resulting from trench excavation may be
temporarily sidecast (up to three months) into waters of the United States,provided that the
material is not placed in such a manner that it is dispersed by currents or other forces. The
District Engineer may extend the period of temporary side casting not to exceed a total of 180
days,where appropriate. In wetlands, the top 6" to 12" of the trench should normally be
backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a
manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). For example, utility line trenches can be backfilled with clay
blocks to ensure that the trench does not drain the waters of the United States through which the
utility line is installed. Any exposed slopes and stream banks must be stabilized immediately
upon completion of the utility line crossing of each waterbody.
2. Utility line substations: The construction, maintenance, or expansion of a substation
facility associated with a power line or utility line in non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in the
loss of greater than\1/2\acre of non-tidal waters of the United States.
3. Foundations for overhead utility line towers,poles, and anchors: The construction or
maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of
the United States,provided the foundations are the minimum size necessary and separate
footings for each tower leg (rather than a larger single pad) are used where feasible.
A A _ 1 el, •

e. Discharges associated with the construction of utility line substations that result in the
loss of greater than\1/10\acre of waters of the United States;
f. Permanent access roads constructed above grade in waters of the United States for a
distance of more than 500 feet; or
g. Permanent access roads constructed in waters of the United States with impervious
materials. (Sections 10 and 404)
Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are
routed in or under Section 10 waters without a discharge of dredged or fill material require a
Section 10 permit; except for pipes or pipelines used to transport gaseous, liquid, liquescent, or
slurry substances over navigable waters of the United States,which are considered to be bridges,
not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the
Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated
with such pipelines will require a Corps permit under Section 404.
Note 2: Access roads used for both construction and maintenance may be authorized,provided
they meet the terms and conditions of this nationwide permit. Access roads used solely for
construction of the utility line must be removed upon completion of the work and the area
restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads
for construction maybe authorized by Nationwide Permit 33.
Note 3: Where the proposed utility line is constructed or installed in navigable waters of the
United States (i.e., Section 10 waters), copies of the Pre-construction Notification and nationwide
permit verification will be sent by the Corps to the National Oceanic and Atmospheric
Administration,National Ocean Service, for charting the utility line to protect navigation.

obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44,where the state or tribal 401
certification(either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality(or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality(refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken,in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived(see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened

1.Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s)used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43,the PCN
must also include a delineation of affected special aquatic sites,including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects),the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities),the PCN must include an Office
of Surface Mining(OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities),the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;

District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal,both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized,the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities),the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan(for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345)may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory

site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame,but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph(b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation.Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps,where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed\ 1/3\-acre) .
16. Water Supply Intakes.No activity, including structures and work in navigable waters of

(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases,vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns.Normally, the vegetated buffer .will be 25 to 50 feet wide
on each side of the stream,but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation)based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification"may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction(e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable,provide for retaining excess flows from the
site,provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site,relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site,unless

resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway,resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period,the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS

change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
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 values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained,but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent. -
Vegetated shallows are considered to be open waters. The term"open water"includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid

and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plants in freshwater systems.
Waterbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30,without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30,without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition,the applicant
must furnish a written statement of compliance with all of the conditions of the applicable
Nationwide Permit. The North Carolina designated waters that require additional notification

•
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. 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 of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the 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. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits 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.

f. The minimum clearance for aerial communication lines, or any lines not transmitting
electrical power,will be ten (10) feet above the clearance required for nearby stationary bridges
as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a
bridge clearance, minimum vertical clearances for power and aerial lines will not be less than
required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code
(ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.
g. The clearance for an aerial line is based on the low point of the line under conditions that
produce the greatest sag, taking into consideration temperature, load,wind, length or span and
the type of supports. The minimum clearance for an aerial electrical power transmission line
shall be governed by the system voltage, as indicated below:
Nominal System Minimum Clearance (As Established
Voltage, kilovolt Above Bridge Clearance by the U.S. Coast Guard)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
h. A plan to restore and re-vegetate wetland areas cleared for construction must be
submitted with the required pre-construction notification(PCN). Cleared wetland areas shall be
re-vegetated to the maximum extent practicable with native species of canopy, shrub, and
herbaceous species. Fescue grass shall not be used.
i. A pre-construction notification (PCN) shall be required for any activity impacting greater
than 1/10 acre of waters of the US, including wetlands.
Permanently cleared maintenance corridor through wetlands, and permanent fills will require
compensatory mitigation. A plan to mitigate such impacts will be submitted with the required
pre-construction notification.
j. A compensatory mitigation plan for activities under this nationwide permit will be
submitted with all required pre-construction notifications.

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