54-22 Butts, David

Pptit Class
NEW
Permit Number
54-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to David Butts, 3197 Waterview Dr. SW, Supply, NC 28462
Authorizing development in Brunswick County at adi. to AIWW, at 3197 Waterview Dr. SW
in Supply as requested in the permittee's application dated 12/7/21
(MP-1, MP-2), including workplan drawings (2), Sheets 1-2 of 2 dated 1/10/22.
This permit, issued on May 25, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Bulkhead Replacement
1) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.
2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

David Butts Permit No. 54-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
4) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re. -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
6) The bulkhead shall be constructed prior to any backfilling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) This permit does not authorize any excavation waterward of the approved alignment.
9) The fill material shall be clean and free of any pollutants except in trace quantities.
10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
11) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
12) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

Butts
ADDITIONAL CONDITIONS
Permit No. 54-22
Page 3 of 3
17) All construction debris associated with the removal or construction of the permitted bulkhead shall be
contained within the authorized project area and disposed of in an approved upland location.
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4861 and assigned the project DWR Project No. 2022-00296.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: Permit #: 5 H-Z Z
MAILING DISTRIBUTION SHEET
Permittee:
Agents: uwd `
Ste; _s4�, A)( -
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington — (OBJECTIONS )
US ACOE Offices: �M
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental.R@[e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger-401
Clif Whitfield (WARD)
Jimmy Harrison
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry-401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO: &K'e. tM.0\0,.k_
(NCDOT) Travis Wilson

Applicant
Agent
Physical Address
Application Review Checklist
Letter A � Z-y% 22 75 y%I 3
Placard Comment -5Z
tl 15 Pub AZrj_Comment nj Z
5,i 1�� Computer I A
t�c-`�`/S • %QA� ePCGN2_aynvnvr�s%^BEficiencyLetter?
WR ACK Date t✓'�""'"t'c"" 2DWRStatements
r c� QPl< ♦ � k
319�11caaCY�4sJ Y! . SW S `JI I�+C- toField Rep.
AECs Habitat Sh N� C(.DSCD Development
E-5 CW
_ � J Designations � Buffer
Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule
, , ✓/ water
J,y,,,rj orw� jZ/fib, � V x Dependent /
(06) V — Deed? V
Raparian rights
From Property line
Nav/Channel Proximity
Residential Commercial
Wcalculations Wor 27ft= N/A
PH or
1/4 width?
ISSUES OF NOTE I�
1 J2 �.Lk�b�Y

Permit Checklist
Permit #
Major Development
Excavation/Fill EEEI
Applicant
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
MPl MP2 MP3 MP4 MPS
USACE SAW #
Permit Fee
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: David & Terri Butts
PROJECT NAME: 3197 Waterview Dr. SW Bulkhead
2. LOCATION OF PROJECT SITE: The project site is located at 3197 Waterview Dr. SW, Supply,
North Carolina.
Coordinates: Latitude N 33-53'54.11" Longitude W 78020'22.30"
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Site Visit 8-17-2021
Was Applicant Present - Yes
5. PROCESSING PROCEDURE:
21
Received Date: 2-3-2020, 12-7-2021
Complete Date: 1-28-2022
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — Brunswick County
Land Classification From LUP — Residential
(B) AEC(s) Involved: ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Residential
(E) Water and Wastewater Treatment: Existing - Municipal
Planned- N/A
(F) Type of Structures: Existing - Single family residence, bulkhead, docking facility
Planned - Replace the existing bulkhead
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
T)RFT)rMn 17TT T rT'%
Uplands
N/A
N/A
1,240 ftz
(Limits of
Disturbance)
Vegetated Wetlands
[[(A)
N/A
124 ftZ
N/A
) Open Water
N/A
N/A
N/A
(D) Total Area Disturbed: 1,364 ft(.003 acres)
(F) Water Classification: SA; HQW Open: No
(E) Primary Nursery Area: No
S. PROJECT SUMMARY: The applicant proposes to replace approximately 62 linear feet of bulkhead an
average of 2ft. waterward of the existing bulkhead, resulting in the filling of approximately 124ftz of
Coastal Wetlands on the AIWW in Supply, Brunswick County. RECEIVED
FEB 0 4 2022
DCM-MHD CITY

3197 Waterview Dr. SW Bulkhead
January 28, 2022
9. PROJECT DESCRIPTION
The proposed project is located at 3197 Waterview Dr. SW, Supply, Brunswick County.
The proposed project site faces south on the AIW W. Existing structures on the .23-acre property include a
multi -story house, bulkhead, and a docking facility. Based on DCM records, no previous permit history can be
found for the existing bulkhead but the applicant states the bulkhead was constructed in 1992. There is also no
record of the initial construction of the existing docking facility in our database but aerial imagery suggests the
dock has been in place since at least 2005. GP-76464 was issued on 7/30/2020 to reconfigure the existing
docking facility within the footprint.
High ground is located approximately 4ft. above normal high water (NHW) and primarily consists of domestic
grasses, landscape stone, and ornamental shrubs. An oversized open deck sits waterward of the house with
pilings located within 5ft. of the existing bulkhead (See Sheet 2 of 2). The existing bulkhead is located landward
of NHW and spans approximately 62 linear feet, stabilizing the south side of the property along the AIW W. The
existing bulkhead is free-standing, with return walls stabilizing the east and west sides of the property (See
Sheet 1 of 2). Vegetation including Salt Meadow Cordgrass (Spartina patens) and Sea Oxeye (Borrichia
frutescens) border the existing bulkhead which transitions into a dense swath of Black Needlerush (Juncus
roemerianus), extending an average of 20ft. offshore of the bulkhead. Salt Marsh Cordgrass (Spartina
alternaflora) extends approximately 70ft. waterward of the NHW line. No 404-type wetlands appear to be
located within the project area.
The waters of the AIW W in the project location is classified SA by the Division of Water Quality and IS NOT
designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. This portion of the
AIWW is CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during
multiple site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site.
PROPOSED PROJECT
The applicant proposes to replace approximately 62 linear feet of bulkhead an average of 2ft. waterward of the
existing bulkhead, resulting in the filling of approximately 124ft' of Coastal Wetlands on the 'AIW W in Supply,
Brunswick County.
According to the applicant, the existing timber bulkhead is deteriorating and has sustained damage from recent
hurricanes. The close proximity of the over -sized deck has also exerted additional pressure behind the existing
bulkhead which may compromise the integrity of the existing wall. The proximity of the deck pilings to the
existing bulkhead make replacing the bulkhead in the same footprint a logistical challenge. A bulkhead failure
while trying to replace in the same footprint could have much greater environmental impacts than stepping out
the new bulkhead into Coastal Wetlands. According to the application, the proposed bulkhead would step out an
average of 2ft. waterward of the existing bulkhead, resulting in the filling of approximately 124ft2 of Coastal
Wetlands consisting mainly of Salt Meadow Cordgrass (Spartina patens) and Black Needlerush (Juncus
roemerianus) above NHW.
According to the application, the proposed vinyl wall would not exceed the current maximum elevation of the
existing bulkhead. The proposed bulkhead would replace the return walls in the existing footprint which are
located on the east and west property lines (See Sheet 1 of 2). The proposed bulkhead would remain structurally
independent of the neighboring bulkhead to the east. The proposed bulkhead would be install18ED
ECE
tools and a post -mounted pile driver. All tools would be stored on the high ground at the project site.
FEB 0 4 2022
DCM-MHD CITY

3197 Waterview Dr. SW Bulkhead
January 28, 2022
10. ANTICIPATED IMPACTS
The proposed bulkhead would step out an average of 2ft. waterward of the existing bulkhead, resulting in the
filling of approximately 124ft2 of Coastal Wetlands above NHW. Approximately 1,240ft2 of high ground would
be disturbed during the installation of new tie backs and deadmen. According to the application, a 16ft. section
of pier would be raised 1 ft. to allow the new bulkhead to sit at a level elevation along the entire south -facing
wall. Increased turbidity levels should be expected during sheet pile installation.
Submitted by: Brendan Brock Date: January 28, 2022 Office: Wilmington
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

VkEGQIVEO
Project Narrative 0'�
w��M1NGtON,NC
Project Name: Bulkhead Replacement - 3197 Waterview Dr. SW, Supply, NC 2846oQ2CM
Mr. Brendan Brock
North Carolina DEQ
Coastal Area Management Authority -
Major Permit Application
Contact Information
Property Owner
David and Terri Butts
3197 Waterview Dr. SW
Supply, NC 28462
Mobile: [phone]
Enid: [e-mail]
Project Abstract
General Contractor
Seadog Marine Construction
Adam Greene, PE
Mobile: 910-8"6-0852
E•maA seadogmarineconstrucdonCagmail.com
The project involves a residential property constructed in 1992 and acquired by the current owners January 22, 2020.
The property includes a waterfront bulkhead located landward of Coastal Wetlands and \II-IW thar wss constructed in 1992 and is
showing signs of deterioration. Damage was also sustained during hurricane Isaias that loosed top planks, which have been
temporarily repaired.
The project includes the placement of a new vinyl bulkhead with a height not to exceed the current maximum elevation of the
existing bulkhead. The new bulkhead will include new deadmen anchors and tie roads as shown:
Parts of a NRnyl Wkhesd
The new bulkhead will be located directly in front of the existing structure which will involve filling approximately 124 sq. ft. of
Coastal Wetlands. It will not exceed 2' +(- in front of the existing structure and in the same location as the propem• sides to limit
erosion or material nmoff daring construction and allow proper installing of new materials. This method is also required to protect the
structural integriry of the existing home deck structure. Existing side bulkheads will need to be
RECEIVED
FEB p 4 2022
DCM-MHD CITY

removed, and new side bulkheads will not extend beyond current bulkhead location/dimensions and will not encroach �rnt
properties. inr—M
The existing bulkhead/ deadmen will be removed after completion and fill Fabric/dirt till will be used to backtill romew f'ulklhleead.
lad t be
.fin existing pier section (app. 16' in length) that is curnndy crossin the existing bulk -cad will be raised L' to� " o 1 ? 8 g jr rite tiedi bu - ead to be
placed to the same consistent elevation for the entire front section, with a new ramp added at the end of this section.
Construction of the new bulkhead will employ the placement of two temporary posts directly above the new bulkhead location to allow the
use of a hammer driver to properly install the bulkhead to the correct depth. Posts will be returned and arras will be repaired as needed
once construction is complete.
-UI construction materials will be stored onsite. Access to adjacent properties will be limited to side bulkhead construction only.
-i C iJLi representative (Brendan) has already visited the site old marked tide locations as needed, in addition to the points included in a
MINTY executed by Gurganus land lurveymg on 3/3/2020.
Project Location is indicated below:
RECEIVED
FEB p 4 2022
DCM-MHD CITY

gem MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
REDS\vSp
OGM�U.M\i,G��N
\"`
North Carolina DIVISION OF COASTAL MANAGEMENT
Business Name
Project Name (it applicable)
Bulkhead Replacment - 3197 Waterview Dr SW
Applicant 1: First Name
MI
Lest Neme
David
A.
Butts
Applicant 2: First Name
MI
Last Name
It add/0onal applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
3197 Waterview Dr. SW
Suppty
NC
ZIP
Country
Phone No.
FAX No.
28462
USA
919 " 357 - 8151 �'
'
Street Address (d dillerent lrom above)
city
State
ZIP
Email
[e-mail]
Business Name
Seadog Marine Construction
Agent/ Contractor 1: First Name
MI
Last Name
Adam
H.
Greene
Agent( Contractor 2: First Name
MI
Last Nam
Mailing Address
PO Box
City
State
107 SW 9th Street
Oak Island
NC
ZIP
Phone No.1
Phone No. 2
28485
910 876
ed.
0852
- - ext.
FAX No.
Contractor it
Street Address (if different hom above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
RECEIVED
232.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagoment.net FEB U 4 2022
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
pEC � q 2021
..nt nh1Nr'j�N' NC
APPLICATION for
Major Development Permit
County (can be multiple) Street Address Stets Rd. #
Brunswick 3197 Waterview Dr. SW
Subdivision Name
City
Staff Zip
Tanglewood
Suppy
NC 28462 -
Phona No.
Lot Ni (If many, attach addifionai page vWh list)
919 - 357 - 8151 ext.
5 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Na
Intracoastal Waterway (Min 67)
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ><Manmade ❑Unknown
AICW
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Brunswick County
4. S)te Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.8.)
62.06
12,511 SF
C. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high wafer) or
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
-4. EINHW or ❑NW L
e. Vegetation on tract
Grass/Shrubbery
I. Man-made features and uses now on tract
Residential house (R60), garage; bulkhead at waterline and driveway, pier/dock
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential R60
h. How does local goverment zone the tract?
i. Ls the proposed project consistent with the applicable zoning?
R60 (use 0104)
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No jQNA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes 5No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. (]Yes ❑NO )DNA
If yes, by Whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONO ®NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
252.808-2808 .. 1.888-4RCOAST .. www-nccoaatalmanagement.nat
FEB 0 4 2022
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
O � 'tQ't,� APPLICATION for
�EC Major Development Permit
GTONr
M. (i) Are there wetlands on the site? QU Wye$ []No
(it) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) of (ii) above, has a delineation been conducted? ©Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
On -site septic
o. Desaibe existing drinking water supply source.
County
P. Describe existing storm water management or treatment systems.
n/a
a. Will the protect be for commercial, public, or private use?
❑Commecial ❑PublidGovemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Replacement of existing bulkhead to preserve existing structure on -site, to controdelimimte
erosion into existing adjacent coastal wailands
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Primary hand tools, post mounted drop hammer (to install bulkhead panels and posts, to be
Storage of materials and tools to be under existing house/structure
removed after completion of work);
on project property only
d. List all development activities you propose.
Vinyl Bulkhead
e. Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance of existing project
I. What is the approximate total disturbed land area resulting from the proposed project?
®Sq.Ft or ❑Acres
-180 SF
g. Will the proposed project encroach on any public easement, public aocessway or other area
❑Vas ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No changes proposed - n/a
I . Will wastewater or stomvwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes []No []NA
J. Is there any mitigation proposed?
❑Yes JLjNo []NA
If yes, attach a mitigation proposal.
<Form Continues on back>
RECEIVED
252-808.2808 .. 1.888.4RCOAST .. www.nccoastalmanagement.net L
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 4)
�G��vEO
ROTC o1,��ti�
ct'
APPLICATION for
Major Development Permit
6. Addidonallnformation
In addAbntO N OW Whatad epOicetion (orm. (UP-1) the Wbw V items below, �ffepphc able, must be submitted in order for cite application
p robe complete. hems (a) - (0 are ahvays applicable in any me)a'dehrefoprrterd aWlicadon. Pfeese cons ft the applfcadorr
Inshuedon bookW on how to property prspare the re4ulrsd hem, below.
a. A project narauve.
b. An acaram, dated wait plat (Inducting plan view and crosa-sacaorW draw11 gal draw to scale. Please give the present status of the
proposed Project, is any portion already complete? If previously authorized work, cearty, indicate on ma
betv,sm work completed and proposed. Ps. Plats, drewirhgs to distinguish
C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims We to lire affected properties.
e. The appropriate application fee. Check or money order made payable to DENR-
t A fist of the names and Complete addresses of the adjacent waterfront (riparian) landowners and wgnad return receipts as proof that such
owners have received a copy of ins application and plate by certified mall. Such tandowners must be advised that they have 30 days in
which IO submit comments on the proposed project to the Division Of Coastal Management
Name James and Deborah MOlfat Ph" No.
Address 9W Baron Road, yifiedtaw, NC 29173 571-228-SM
Name Jamie W. Holmes Phone No,
Address 6923 Highway 90. Longs. SC 29565 843-340.2245
Name _ -- _—_ Pfherte No.
Address
9. A list of previous state a federal permits issued for work on the project tract. Include permit numbers, permihee, and issuing dates,
h. Signad txrneutant or agent authorvallon form, h applk:ebla.
1. Wetland dellneaton, t roosesary.
j. A signed AEC hid Mace for projects in ooaardront and iNet areas. (Moat ce signed by ProPeaY owner) - --
k. A statemetd of compliance with to N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project Involves expenditure
of pubic fumtla or use of public lands, attach a statement documenting compliance with the North Carolina Fmlronmemal Policy Act.
to Enter on
r unaarstano mat any permit Issued in response to this application will allow only the development described m the application.
The project will be subject to the conditions and restrictions contained in the permit
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that inf ation provided in this application Is truthful to the hest of my knovdedge.
th
Date 0- jl Loi- I Print Name a;k7 A. jifu. t I J
Signature
7indicate application attachments pertaining to your proposed project.
MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts
ODCM MP-3 Upland Development
❑DCM MPA Structures Information
RECEIVED
Fi_B 0 4 Z022
252-808-2808 xx 11-888-4RC OAST ., www.aceeaatahnaaaeamsnt.nst)
CIVI-IV)Hp CITY

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
NWL
Breakwater
shoreline
stabilization
Length
Width
-
Avg. Existing
Depth
Final Project
Depth
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
N/A
c. (i) Does the area to be excavated include coastal wellands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetiands (W L)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑Nona
(ii) Describe the purpose of the excavation in these areas:
N/A
a. Location of disposal area.
WA
c. (i) Do you claim title to disposal area?
Oyes ❑No SNA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetands/mareh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL _ ❑None
(ii) Describe the purpose of disposal in these areas:
WA
b. Type of material to be excavated.
WA
d. High -ground excavation in cubic yards.
N/A
b.
N/A
area.
d. (1) Will a disposal area be available for future maintenance?
❑Yes ONO ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
[]yes ONO ❑NA
(h) If yes, how much water area is affected?
N/A
RECEIVED
FEB 0 4 2022
252-808-2808 :: 1.888-4RCOAST :: www.necoastalmanaoement net v ed: 12/26/06
DCfr �I-/1HD CITY

I SHORELINE STABILIZATION
(f/ developirwrtf is a wood groin, use MP-4 - SoucWres)
E. Type of shoreline stabilization:
®Bulkhead ❑Riprap ❑BreakwateftSIH ❑Other: _
c. Average distance waterxard of NFfW or NWL 2-
e. Type of stabilization material:
Vmyl Sheet Piles
g. Number of square feet of fill to be placed below water level.
Bulkhead backfia 10 Riprap
Breakwatertsill _ Other
i. Source of fill material.
upland fill dM
❑This section not appliosb*
b. Lengtll: % - a
Width: Z
d. Maximum distance waterward of NHW or NWL: 2-
f. 0) Has there been shoreline erosion during preceding 12
months?
❑Yea ®No []NA
01) If yes, state amount of erosion and source of erosion amount
Information.
h, Type of fill matsnsl.
granular fill dirt from local pit
IIEC 0 9 2�2�
4.
OTHER FILL ACTIVITIES
❑ This section r of applicable
(Excluft Shoreline Stabilization)
a.
(i) Will fill material be brought to the sae? ®Vee ❑No ❑NA
b. (p WIII fill me6anal be pleoed in coastal wetlandstmarsh (CW),
If yes,
submerged aquatic vegetation (SAY, shell bottom (SB). or
(il) Arni of malWal to be pieced in the water 11L9
other wetlands (WL)? If any boxes are checked, provide the
I area Q4'x2
(1v) Dimensions of fill
of square feet affected.
(N) Purpose of fill
OCW 10 ❑SAV ❑SB —
❑WL ❑None
Back fill behind bulkhead
_
M Describe this purpose of the fill in these areas:
Fill between ex wood bulkhead and proposed vinyl buYthead
5.
GENERAL
a.
How will excavated or fill material be kept on site and erosion
b. What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
Oil will be placed upland of existing bulkhead and will be controlled
Excavator
by existing bulkhead and proposed bulhead
c.
(t) Will navigational aids be required as a ms l of the project?
❑Yes No ®NA
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ONO ❑NA
(ii) If yes, explain what type and how they will be implemented.
(it) If yes, explain steps that will be taken to avoid or minimize
N/A
environmental impacts.
-
N/A
L(
0
,?`P-"4g6 /l ftAcfM -J197 Ja �t 4� 1 �}
Project Name
J�. ,6
Applicant Name )
DECEIVED
252-808-2808 N 1.888.4RCOASi :: www.nccq g Imanag�tt�enS,nEt r.l eYi B/O6
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
secretory
BRAXTON DAVIS
D(rector
SENT VIA EMAIL
David & Terri Butts
3197 Waterview Dr. SW.
Supply, NC 28462
SENT VIA EMAIL
NORTH CAROLINA
Environmental Quality
January 28, 2022
RE: CAMA Major Development Permit Application — 3197 Waterview Dr. SW
Dear Mr.& Mrs. Butts:
The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for the
construction of a bulkhead, located at 3197 Waterview Dr. SW, Supply, Brunswick County, NC. It was received
complete on January 28, 2022 and appears to be adequate for processing at this time. The projected deadline for
making a decision is April 13", 2022. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,
you should consider the review period extended. Under those circumstances, this letter will serve as your notice of
an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from January 28, 2022 you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such
a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Brendan Brock
Field Rcprosentativc
cc: Cameron Luck, MHC Connie Marlow, LPO WIRO DCM
USACE Holly Snider, DWR David & Terri Butts, Applicants
RECEIVED
_D_EQ. North CaroimaDepartmernofEnvironmental Quality 1 Division of Coastallvanagekcnl� 0 4 2022
�vJ/� WilmingmnOface 1127 Cardinal Drive Extension I Minington. North Carolina 2p84�05 T�
�j a ��� 91079&TM DCM-MHD CITY Y

I
\T11'1'I(�1:
CAMA PERMIT
APPLIED FOR
icant
rt_
i
r
COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
David & Terri Butt
33J97 Waterview Dr. sw NC Div. of Coastal Management
piy, NC 28462 127 Cardinal Dr. Ext.
m Wilmington, NC 28405
�en� f' SSpadng�^r'nn r structiar� g
M Adam Greene Brendan Brock [phone]
[phone]

0
NORTH CAROLINA
i nv,nnxnrrurd Un„c„
February 4, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• David & Terri Butts — Brunswick County
• Eddie & Lynne Hardy— New Hanover County
ROY COOPER
(:mrmnr
ELIZABTH B1SER
&,mmn
BRAXTON DAVIS
0'",v.r. M11,11 uf(➢xirm/Alti wgrmrm
Hello: Please publish the attached Notice in the Wednesday, February 9, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pied/a at the NC Division of Coastal
Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
Smm of North Cm hna I Envimnm mal Quality I Co"W Mouogc,acnt
122 Cardinal EMv Ext, Wilmingm NC 28405 919 796 7215
DECEIVED
C3 0 4 2022
r1r1ffliV1EIVJ1M§10W0]hiLTAJ

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) .that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On January 28, 2022, David & Terri Butts proposed to replace 62
linear feet of bulkhead resulting in Ste filling of 124 sq/L of Coastal Wetlands at 3197 Waterview Dr. SW, adj.
to the AIWW in Supply, Brunswick County; and on February 3, 2022, Eddie & Lynne Hardy proposed to
install a new boatlift for a total of three (3) boat slips at 8741 Bald Eagle Ln., adj. to Futch Creek, Wilmington,
New Hanover County. Copies of these applications can be examined or copied at the office of Brendan Brock
(Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division
of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] (Brendan Brock) or
[phone] (Katharine Elks) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to March 2, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

CERTIFIED MAIL •RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: ?0-44 A, --rz*r;
Address of Property. j � Waterview Dr. SWi Supply, NC 28462
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Mailing Address:
Agent's phone #:
I hereby certify that 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 must be orovided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to whatisboing proposed, you must notify the Division of Coastal Management (DCMJ In
writing within 10 days of receipt of this notice. Correspenderree should be mallad to f27Cardtnai pdve Ext.
Wilmington, NC, 2840.53845 DCM rep►esenfaNves can also be contacted at (Mj 796.7215. No response Is
considered the same as no objection If you hnvn h"., �...:n-a &.. I —..,_...._-
WAIVER SECTION
1 understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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 mu i itial the appropriate blank below.)
� I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property e formation)
/ (Adjacent Property (hornet Information)
Signature Si tore \
David A. Butts
Pnnf or Type Name
3197 Waterview Dr. SW
Mailing Address
Soy, NC 28462
City/Slerwip
919-357-8151
Telephone Number
December 16, 2021
Dare
amen D_ Moffat
Print or Type Name
936 Baron Rd
Marlrng Address
Waxhaw, NC 28173-8360
City/State2ip
571-228-8020
Telephone Number
Dale ECEIVED
Revised 611812012
r D 0 4 2022
DCM-MHD CITY

1/24/22, 11:11 AM Tracking I UPS - United States
Proof of Delivery
Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number
1Z8E05754225464834
Weight
0.30 LBS
Service
UPS Ground
Shipped / Billed On
01/17/2022
Additional Information
Signature Required
Delivered On
01/18/2022 1:02 P.M.
Delivered To
LONGS, SC, US
Received By
HOLMES
Left At
Residential
Thank you for giving us this opportunity to serve you. Details are only available for shipments delivered within
the last 120 days. Please print for your records if you require this information after 120 days.
Sincerely,
UPS
Tracking results provided by UPS: 01/24/202211:11 A.M. EST
RECEIVED
B 0 4 2022
DCM-MHD CITY

Shipment
THIS IS
Receipt Page #1 of 1
N0T q SHIPPING LgSEL. PLERSE SLAVE Op yp1/R RECORDS.
SNIP DATE;
M0N 17 JRN 2822
SHIPMENT IN FORMA710M:
UPS GROUND RESIDENTIAL
EXPECTED DELIVERY
iba
INES 16 JAN 2822 EDB
1.000 Ll;blelwtL
SNIP FROM:
9RI BUTTS
1S,18X12,11X8,7S
SIG PEI
IN
(NIOELU CONFIRM)
3197 NAIERUIEN DR SN
E-MAIL N011FICATION:
SNIP,DELIOER
SJPPLY NC 28462
(
19) 215.6793
IRACNIMG NUMBER: 095754225464934
SHIPMENT ID: MMUP838AA882R
SNIP REF I: • -
SBIP TO:
SNIP REF 2: CAN
JAM NOLMES
$923 NO
6923 Y 91
DESCRIPTION OF G003S:
LONGS SIC 29568 6228
RESIDENTIAL
DOCUMEM75•UIH 11DUE 10 COVID•19, ALL
UPS SERVICE OUPRAMIEES ARE SUSPENDED
UNTIL FURTHER NOTICE41
SHIPMENT CHARGES:
6ROUNDRESIDENTIAL 11,10
SNIPPED THROUGH:
MICE OPTIONS 6,91
CMS PROCESSING FEE 8,22
SR
THE U33
LELAMPHC 28451-PS
4194
[phone]
NWT. TOTAL
S31,12
EII
ppyy [[
MTN
OU[IIIONLt CONIACTNLM10p[L`INNOIIGN"Plow. LNLCI"LX IPNFIOLij S[X �NIvNLMrI
6„I 36CEE� p�o97dFB`Ddi1MIS i� dp�j CR€P'J8I,@94�`fl19LLL4LRY[FIC`R''" 6N°@N,.
sNIPMENi1D: %P831PPI82A I JIM I I1111AIII lip IINIIUIBIIIIII11inIII IIIINIIIIuI
:1 ii 1: 7, The UPS Stores
w..`�'"'°'.:r�wXi.X`ir�r•r"•`^�""we: wn+�w.ol..a�.,+"..�riu.'r�,�
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

Brenda M. Cleaea,s ReBl.ter of Bead.
01-24-2020 10:23:43.000 Brwwlck County, RC
NC REVENUE STW: $1630.00 (aa0B285)
IIIIH11111IIIII111111mil gpu;
Br.lct County, C Ra0l.ter of Beech peps 1 of 5
�/ Rev I
v .3� C6k Cash$
u0d Cash$ Rnanna_
?0dions of document are illegible due to condition
io iginal.
x4mBn<comefnseeBlsveMiedbyetlglnel
"" `•>t�aaath= mNiwednraMlO::
Revenue51,030.00 Parcel ID: 231PI00601
This i-n u rt-t prepared by Cynthia B. Bridgers, a licensed North Carolina attorney.
Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax
Collector upon disbursement of closing proceeds.
••• WIIHOIJT OPINION ON TITLE..
This property is NOT the primary residence of Grantor.
Brief Description for the Index: Lot S. Tanglewood, Section 1,PLI/131&1361/315
STATE OF NORTH CAROLINA
GENERAL WARRANTY DEED
COUNTY OF BRUNSWICK
THIS DEED made this Z5 day of January, 2020, by and between BARRY W.
MALCOLM, Individually and as Administrator of the Estate of VICKI C.
ALTOONIAN, and wife, TERESA MALCOLM; and CINDY BROTHERTON and
husband, MICHAEL BROTHERTON; and TERESA RANDOLPH (unmarried),
GRANTOR, whose permanent mailing address is 5901 Polk Mountain Drive,
Marshville, North Carolina 25103 and DAVID A. BUTTS and wife, TERRI C. BUTTS,
GRANTEE, whose permanent mailing address is 12 Macam Court, Angier, North
Carolina 27501.
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors, and assigns, and shall include singular, plural, masculine,
feminine or neuter as required by content
WITNESSETFi:
The Grantor, for a good and valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain,
sell and convey unto the Grantee in fee simple, all that certain lot or parcelof land
situated in the LOCKWOOD FOLLY Township, BRUNSWICK County, North Carolina
and more particularly described as follows:
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

J
—vm
WATERVIEW DRIVE
Ao• RIGNT-a-w4r
rt.
LOT 6
SECTION 1 GARAGE
TANGLE WOOD
SUBDIVISION
YAP CABINET I. PAGE 1]1
d ES AMI DEBONAH MWAT Z
o
1
R
vvA
WI11
RpIDVE FA51Nc WOW
BULKHEAD ALWO SIDES ON
PROPERTY ME AND
REIMACE NTH NEW MM
BuONEAD IN KIND AND IN
SAYE IDCADON wING
EAST AND WEST SDES EDGE
OF PROPERTY
USING RETANNG WALL M BE
REMOVED ANO RE MD TO END
AT 9"WING RE =NG WA W
LOT 6
DECK
flecEIVE0
JAN 17 Z022
ZA��,�Z
LOT 4
SECTION 1
TANGLEWOOD
SUBDIVISION
S0 YM WBNET I. PAGE 131
]AWE W. NOWES
V AEC ZONE VE
LA4 (a 4)
4W
EDSTNO COASTAL
WETt Xos BEYWB
BOWIEAD (APO. 1001
INGTALL NEW mm BUKHEAD N
ONT OF, NED W WOBUWIEAD
ALONG EAWT EN£ OF PROPERLY -
&
NWYAL
HIM WATER
NOT TO C,MED Y 3 N TRENT w
LO
ENSING MONT FACE BOLKIRAO TO
ALLOW PROPER WMOVAL OF MnNG
BYZD
BWNEAD MATWALS AFTER
HNN6MOt CWNTY 1!✓O
REPLACEMENT; WE BOWIEADS 10
BE WPLACED N ME SATE LO "
a
AND LENGINS
/g
A
AlUN11C INTHAWASGL WATERWAY
D ]o m
6fAY r.v
�YAE
vvm0¢
Desmm WN PPEPwAWI
'�
YW�11 Nlirtwv
0
/
m o
n o
IDW1W rgp1°01mm°Tx
i' •
vrt
100
m o
LAY u
v¢oee em
P�mNTM W10.LL Vxw
H
IOI¢
BULKHEAD REPLACEMENT PROJEC
SEA DOG MARINE/ADAM GREENE
PAGE 1 OF 2
SURVEY FOR
DAMD & TERRI BUTTS
RECEIVED
�c- 8 0 4 2022
DCM-MHD CITY

m•c � mFx
m aw
fLL W K• 9J.pfIO
O¢ [plM uyWVS
rF FF {]
WSIMG 0.1FEW W F F11Pm
/i1p 16iXl.aOl U B 94Nfti
/ D-SECTION �T BUII( FAD
au r-a
Frt W ou
•
'n a
:m •q'�`rra.a�
'�"o•i rWmr
��
r. a
w'e
wwm"'"i rna w<
RECEIVED
JAN 17 2922
a Mnt aa�o
mx monoum
RV AAF - Wv W
xioi •m ry Far
6 �IIC dI1pW
FIIIIC W5A RNF6 W FYW �
BULKHEAD REPLACEMENT PROJECT
SEA DOG MARINE/ARAM GREENE
PAGE 2 OF 2
DAVID & TERRI BUTTS
NO
ECEIVED
0 4 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck((DNCDEN R.00v
SUBJECT: CAMAID&F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sgft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
0 4 2022
North Carolina Department of Environmental Quality I Division of Coastal Maannag M- M [ 7 D CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2&405
910.7%.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
Applicant
Agent/Contractor: -
Project Site County: n
Project Name:
Initial date of application submittal: 12, - 2
SITE DESCRIPTION/PERMIT INFORMATION
AEC: Al li"J •"
Fee:$ LfOV 0(0yI(
CDAITS _ MHC cc
trict. l4rilmington
e I l a Rover File: n/a River Basin:
ORW: ❑Yes QN0 I PNA: ❑Yes No
Photos Taken: Yes ❑ NO
Setback Required (riparian): ❑Yes o
Critical Habita! ❑Yes �o Not Sure
t
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes 1PNo
SAV: ❑Yes ANo ❑Not Sure
Shell Bottom: []Yes No ❑ Not
Temporary Impacts: es ❑No
Sure
Sandbags: []Yes No ❑ Not Sure
Did the land use cinsificatkin come
Mitigatic Required (optional):
from county LUP: es [-]No
[]Yes Po
Moratorium Conditions:
Environm ntal Arlessment Done:
Length d Shoreline:
❑Yes o ❑NA
Dyes ro ❑NA
� FT.
Shellfislil Ar esjpnation:
Project escription: (code)
Development Area. (code)
Open -o Close
AC -
r
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW)
'High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW)
NETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium so.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
El (SC) Bulrush or three square (Scirpus
(TY) Cattail (fypha sp.)
spicata)
sp.)
o(JR) Black needlerush (Juncos
(SP) Saltlmeadow, grass (Spartina
oemenanus)
atens)
APPLICATION FEE
El No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
ran be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
0 IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
HECEIVED
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
II I(C) Priv. public or Comm w /D&F to 1
FEB p 4 2022
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
DGM-Mtiu Ul I T

ApplipnCV0 " r d s /C✓✓,
Date: / ZS ZO22—
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
T
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
^
'L
Maint ❑
Y ❑ N
New Work U
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
Rew Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
NewrWOrKn
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft.
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
acts
ta/m't
impactamount)
temp impacts)
amount
MDredge
El Fill Both ❑ Other ❑
fi�m
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
FEB 0 4 2022
919-733-2293::1-8884RCOAST:: vrww.nccoastalmanagement.net - Ht bW,,26118

Date
Date
Check From
Name of
Vendor
Check Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number amount
Number/Comments
2/3/2022
Terri Butts
David and Terri
BBT
10211
$400.00
Major fee, 317 Waterview Dr SW,
BB rct.
Butts
Supply BrCo Split 60/40
16985
U
0
.,
m
-
m
0
_
0
n
N
o
N
N
m
m
0
s,

Major Permit Fee Schedule
Project Name: '� County:
I g r v."' cw a. s W �vl f(k--J
Check No & Amount
POP
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
1. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas.
11. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
certification No. 4175 can be applied.
III(S) _ Public or commercial development,
if General Water Quality Certification
S400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C) If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($1 ^00)
review and written DWQ concurrence is
needed because of concems related to
water quality or aquatic life.
III(D). If General Water Quality
certification No. 4175 cannot be applied.
$q00
60% ($240)
40% ($180)
IV. Development that involves the filling
'
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
F FB 0 4 2022
®CM-MHD CITY

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: David and Terri Butts COUNTY: Brunswick
PROJECT NAME: Bulkhead Replacement —3197 Waterview Dr SW RECEIVED
LOCATION OF PROJECT: 3197 Waterview Dr. SW, adj. to 111eA1WW in Supply
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-28-22 FEB 0 4 2022
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A DCM_MHD CITY
FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140)1110211
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 2-9-22 END OF NOTICE DATE: 3-2-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 4-13-22 150 DAY DEADLINE:
1.0(9) 101..1
MAIL OUT DATE: 2-4-22 STATE DUE DATE: 3-2-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM—Field Rep
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers— Regulatory Branch
D671b
DWR-401 Section
msvd
41UI 1o�7bA
D WR — Public Water Supply
DEMLR — Stormwater
DEMLR— Sed and Erosion
DOA— State Property Office
n
A 2
Wildlife Resources Commission
ti `v6
X
DMF — Shellfish Section
th
DMF — Habitat & Enhancement
I
M6
`(
DNCR—Archives & History
(i 1
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
Q Z

Recommendations for State Permit- 3197 Waterview Dr. SW Bulkhead
It is the staffs recommendation that the applicant's proposal to install approximately 62 linear ft. of bulkhead
with 30 linear ft. of return walls, resulting in the filling of approximately 124ft of Coastal Wetlands above
NHW is CONSISTENT with the Rules of 15 NCAC 711.0205 (d) Use Standards for Coastal Wetlands, Rules
of 15 NCAC 71-1.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 711.0207 (d) Use Standards
for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b)(7) Use Standards for Bulkheads. The applicant has
proposed efforts to minimize impacts to any adjacent resources.
As proposed, this office has no objections to the proposed project and any permit issued should include the
standard permit conditions for bulkheads and upland development. It would seem that removal of the existing
dilapidated bulkhead and construction of the new bulkhead on the landward side of coastal wetlands would present
a greater environmental risk with potential erosion and washout during the construction process as well as pose a
possible threat to the foundation of the existing deck structure.
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

DCM Coordinator: Cameron Luck
County:
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET
Circle on Bio Re Permit for: �qV �� Vi��eVl/� MN�Tf
Oversize Plans sent:
DCM Offices: n \'
Morehead City: PT (if oversize) via Courier 1�+ /
'cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet V/
`MHC documents (Cam & Amanda),_
Wilmington: Original hard -copy
ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:
ender & Carteret Cc): PN, CL, Reports, Split Sheet _
use both
mingtonNCREGQusace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_
Div Water Resources:
Currey (NH/BR: PN, CL, Reports, Split Sheet
of
olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
-iiNtwt-Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet _
✓+ John Perry on all (training) - 401: PN, CL, Reports, Split Sheet
Div of Water Resources:
4heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----- ------ -- --- - -
Marine Fisheries:
- --- --- — —__-- -- --- — - - -- —
✓m Harding
DCM PlannertWIRO:
✓`Mike Christenbury _
Cultural Resources:
✓Kenee Gledhill -Earley Environmental. Reyiew0ricdenr. go
Natural Heritage Prog.
-Rodney Butler
DCA-Rural Eco. Dev:
✓Mark Ziegler
NC DOT:
.45avid Harris _
Wildlife Resources:
-Mara Dunn w/Reports _
State Property Office:
`Tim Walton: DEED
_
�Ce Moser
_
anda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
Jeremy Humphrey (Bio) /
_
baron Gupton, Admin. _
DEMLR:
✓Christine Hall - Stormwater Section
_
k.8'an Sams - Land Quality Section
Public Water Supply:
`<idi Cox
City of Wilmington:
Kai
0 "AAV1���'
Enforcement:
FidRep:
Co. LPO
�W U {m`aVA M b
Agent:
RECEIVED
FEB 0 4 2022
DISTRIBUTED: "l `
DCM-MHD CITY

aReceived: 02/09/2022State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Dle ror
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental QuaNty
ER 22-0473 Due: 2/17/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron luck(a)NCDENR.gov
SUBJECT: CAMA / D & F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sqft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March Z 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objectionto the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE
�-
DATE
February 11, 2022
uw,�wunou D � � v
wwmmaamwa.eumwm�
RECEIVED
FED 112022
NAP SECTIUN
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 26405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck()NCDEN R.aov
SUBJECT: CAMAID&F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adi to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sqft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 202Z If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE / G.4 13t..
DATE 2-4-22
�DFQ
m.mn vx.�mmw�
RECEIVED
FFA 0 4 2022
MP SECTION
DCM - MHD C17-Y
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlrector
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck at7NCDENR.gov
SUBJECT: CAMAID&F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adi. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62 linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sqft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality
SIGNATURE S¢& LQ.N.KGCJCLJL
DATE 02/04/2022
M�.m DECZ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Omce 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09) .
cameron.lucklraNCDEN R.cov
SUBJECT: CAMA /D & F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62 linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sgft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached
comments.
PRINT NAME rt 1 11 (' Z &i i I ;--/
AGENCY Ne 1) k Pi . d-( Gp W nv-YGf
SIGNATURE P1 A ( k i C 1, y) JE
RECEIVED
DATE 2 � p' i � �z"
FED 212012
AV SEariON
DCM - MHO CI`iy
�North Carolina Department of Environmental Quality I Division of Coastal Management
•/ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405
n m
°aO4fi0�sm��'�°�°-°W�`� 910.796.7215

f-__-.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlrec r
NORTH CAROLINA
EnvtronmentatQunihy
February 4, 2022
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(cbN CD E NR.c ov
SUBJECT: CAMA /D & F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sqft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. Memo Attached
PRINT NAME Wanda Hilliard
AGENCY
SIGNATURE
State Property Office
DATE _February 23, 2022
Q� North Carolina Department of Environmental Quality I Division of Coastal Management
Wimington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
xw�mo��
910.796.7215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
February 23, 2022
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
camcron.luck` ,,NCD} ;NR. go v
FROM: Wanda Hilliard l W 0-0� V c.r-�
Real Property Agent
Department of Administration
Applicant: David & Terry Buffs
Pamela B. Cashwell
Secretary
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Tim Walton
Director
Proposed Project: The applicant proposes to replace approx. 62 linear feet of bulkhead an average of 2'
waterward of the existing bulkhead, resulting in the filling of approx. 124 sq ft. of Coastal
Wetlands
Please confirm that the facilities are not located within the 1000'USACE AI W W easement area. If not, then the
State Property Office has no comment on the proposed project.
State ofNorth Carolina I State Property Office
a6 West Jones Street, Suite 4055 11321 Mail Service Ctr. I RaleigKNC27699
9842360270 TI Web: httpz//www.ncspo.com

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Envtronmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m e ro n. I u ck (a) N C D E N R.g ov
SUBJECT: CAMA /D & F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIWW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62 linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the filling of approx. 124
sqft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
K
SIGNATURE ust6o�� Yr
DATE 02/28/2022
�D_FQ
ovm.+aa+e�wm+n�
RECEIVED
FEB 2 8 7022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 47DAOFB5-05D1-4C3A-AB5D-4l F52i3llC27
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 11, 2022
DWR # 20220336
Brunswick County
David and Terri Butts
3197 Waterview Drive SW
Supply, NC 28462
Subject: Approval of Individual 401 Water Quality Certification
3197 Waterview Drive SW Bulkhead Replacement
USACE Action ID. No. SAW-2022-00296
Dear Mr. and Mrs. Butts:
Attached hereto is a copy of Certification No. WQC004861 issued to David and Terri Butts, dated May 11,
2022. This approval is forthe purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notifythe Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
North Carolina Department of Environmental Quality I Division of Water Resources
D, 512 North Salisbury Street 1 1617 Mail Service Center l Raleigh, North Catalina 27699-1617
n�are..eni¢.uv�
919.707.9000

DocuSign Envelope ID: 47DAOFB5-05D1-4C3A-AB5D-41F521311C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 2 of 13
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or hollev sniderPncdenr.sov if you have any
questions or concerns.
Sincerely, DecusIgned by:
1K1bmu& sm&v J—Um
E3A3A14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Adam Greene, consultant
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220636 3197 Waterview Dr SW Buuts_IWQC_BrunsCo.May22.docx
����,,vv
D
Nonh Carolina DepWmentofEnvimnmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
aw�eueu.®urmro�
919.707.9000

DocuSign Envelope ID: 47DAOF85-05D14C3A-AB5D41F521311C27
David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004681 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to David and Terri Butts, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on February
4, 2022, and by Public Notice issued by the Division of Coastal Management on February 9, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved; including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
404/401 Wetlands
I Sheets 1 & 2 and
Bulkhead Backfill
0.002 acres
N/A
I Project narrative
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H.0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
®���� North Carolina Department ofEnviremnental Quality Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
¢v.immna.�....eenmrn� 919.707.9000

DocuSign Envelope ID: 47DAOFB5-05D14C3A-AB5D-41F521311C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 5 of 13
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .O5O6(b); 15A NCAC 02H .O507(c); 15A NCAC 02B .0200,15A NCAC O2B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected in determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
4. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
S. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .O507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
North Carolina Depzrnnenl of Environmental Quality I Division of Water Rescumes
®E Q�}j 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Camlin 27699-1617
.n.ntc �/ 919.707.9000
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DocuSign Envelope ID: 47DAOFBS-05D1-4C3A-AB5D-01F521311C27 David and Terri Butts
D W R# 20220636
Individual Certification #WQC004861
Page 6 of 13
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506;15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and.
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 213 of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-ll, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 046 .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200,- 15A NCAC 02B
.0231
North Carolina Department ofHavirunmental Quality I Division of Water Resources
®� ��}� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
mamr•�rr �/ 919.707.9000 t
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DocuSign Envelope ID: 47DAOFB5-05D14C3A-AB5D4iF521311C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQ0004861
Page 7 of 13
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0505(b); 15A NCAC 02H .05O7(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC O2H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
North Carolina Department or Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Servioe Center I Raleigh. North Carolina 27699-1617
^^m rawv
919.707.9000

DocuSign Envelope ID: 47DAOFB5-05D1-4C3A-AB5D-41F521311C27 David and Terri Butts
DW Rtl 20220636
Individual Certification NWQC004861
Page 8 of 13
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. Culverts 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. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameterfor culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
North Carolina Department of Environmental Quality I Division of Water Resources
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612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Cmolina 27699-1617
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919.707.9000

DocuSign Envelope ID: 47DAOFB5-05D14C3A-AB5D-41F521311C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 9 of 13
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall 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.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H.05O6(b); 15A NCAC 02H .0507(c); 15A NCAC O2B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
110 ®1"�Z� Nonh Carolina Depanmentof Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Mw:Wrsrm�rcn r 919.707.9000
rep�MONlmmectaO N

DocuSign Envelope ID: 47DAOFB5-05D1-4C3A-AB5D-41 F521311 C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 10 of 13
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
15. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water qualitystandards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
North Carolina Departmentm of Environmental Quality I Division of Water Resources
® ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
lYrmmimimN 919.707.9000

DocuSign Envelope ID: 47DAOFB5-05D14C3A-AB5D41F521311C27 David and Terri Butts
D W R# 20220636
Individual Certification #WQC004861
Page 11 of 13
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15ANCACO2H.0506(b); 15ANCACO2H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
19. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a mannerto prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
.11 ®��1� Noah Carolina Department of Environmental Quality l Division of Water Resources
512 North Salisbury Street 11617 Mal Service Center I Raleigh, North Carolina 27699-1617
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DocuSign Envelope ID: 47DAOFB5-05D1-4C3A-AB5D-01F521311C27 David and Terri Butts
D W R# 20220636
Individual Certification #WQC004861
Page 12 of 13
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland, • and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
21. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C. G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
22. The 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.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
23. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 1SA NCACO2H.0506(b); 15ANCACO2H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
®� ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
op.amnr;.:.�� f� 919.707.9000

DocuSign Envelope ID: 47DAOFBS-05D1-4C3A-AB5D-41F521311 C27 David and Terri Butts
DWR# 20220636
Individual Certification #WQC004861
Page 13 of 13
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 11th day of May 2022
Doousivned W.
K 6nj & —U"
E3ABA14AC]DCA34..._0
Morelia Sanchez -King
Regional Operations Supervisor
MSK/hs
North Carolina Department of Environmental Quality I Division of Water Resources
D 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina27699-1617
919.707.9000
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
NORTH CAROLINA
Environmental Quality
MEMORANDUM.
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckffDNCDENR.aov
SUBJECT: CAMA/D & F
Applicant: David & Terri Butts
Project Location: 3197 Waterview Dr. SW, adj. to AIINW in Supply, Brunswick County
Proposed Project: The applicant proposes to replace approx. 62 linear feet of bulkhead an average
of 2' waterward of the existing bulkhead, resulting in the tilling of approx. 124
sqR, of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
."Additional comments may be attached"
V/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in
the attached
comments.
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00296 County: Brunswick County U.S.G.S. Quad: Holden Beach

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: David Butts

Address: 3197 Waterview Drive SW
Supply NC, 28462

Size (acres) Nearest Town: Supply

Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee

USGS HUC 03040208 Coordinates Latitude: 33.91472; Longitude: -78.33952

Location description: The project site is located on the AIWW at 3197 Waterview Dr. SW, Supply,
North Carolina.

Description of project area and activity: The proposal is to replace approximately 62 linear feet of
bulkhead an average of 2 ft. waterward of the existing bulkhead, resulting in the filling of
approximately 124 ft2 of Coastal Wetlands on the AIWW in Supply, Brunswick County, NC.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Nationwide Permit Number: 3

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pd

SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated January 10, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is

completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: July 27, 2022
Expiration Date of Verification: March 14, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copies furnished by email:

Adam Greene (Seadog Marine Construction)
Brendan Brock (NC DCM)
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-00296 County: Brunswick County

Permittee: David Butts

Project Name: 3197 Waterview Drive SW / Supply / Brunswick / David Butts

Date Verification Issued: July 27, 2022

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date
Nationwide Permit 3
Maintenance
Effective Date: February 25, 2022 / Expiration Date: March 14, 2026
Authority: Sections 10 and 404

(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, requirements of other regulatory agencies, or current
construction codes or safety standards that are necessary to make the repair, rehabilitation, or
replacement are authorized. This NWP also authorizes the removal of previously authorized
structures or fills. Any stream channel modification is limited to the minimum necessary for the
repair, rehabilitation, or replacement of the structure or fill; such modifications, including the
removal of material from the stream channel, must be immediately adjacent to the project.
This NWP also authorizes the removal of accumulated sediment and debris within, and in the
immediate vicinity of, the structure or fill. This NWP also 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 outside the
immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake
structures, etc.). The removal of sediment is limited to the minimum necessary to restore the
waterway in the vicinity of the structure to the approximate dimensions that existed when the
structure was built but cannot extend farther 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 area that has no waters of the
United States unless otherwise specifically approved by the district engineer under separate
authorization.

(c) This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, 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 of dredged or fill material,
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 high flows. After conducting the maintenance activity,
temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The areas affected by temporary fills must be revegetated, as
appropriate.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation.
This NWP does not authorize beach restoration. This NWP does not authorize new stream
channelization or stream relocation projects.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

2

Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit
a pre-construction notification to the district engineer prior to commencing the activity (see
general condition 32). The pre-construction notification must include information regarding the
original design capacities and configurations of the outfalls, intakes, small impoundments, and
canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the
Clean Water Act (Sections 10 and 404))

Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously
authorized structure or fill that does not qualify for the Clean Water Act Section 404(f)
exemption for maintenance.

GENERAL CONDITIONS

Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer. Prospective permittees should
contact the appropriate Corps district office to determine if regional conditions have been
imposed on an NWP. Prospective permittees should also contact the appropriate Corps district
office to determine the status of Clean Water Act Section 401 water quality certification and/or
Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain
permit authorization under one or more NWPs, or who is currently relying on an existing or
prior permit authorization under one or more NWPs, has been and is on notice that all of the
provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially
33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP
authorization.

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. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

3

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, or
is a shellfish seeding or habitat restoration activity authorized by NWP 27.

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
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.

8. Adverse Effects from Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or
restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization, storm water management activities, and temporary and
permanent road crossings, except as provided below. The activity must be constructed to
withstand expected high flows. The activity must not restrict or impede the passage of normal
or high flows unless the primary purpose of the activity is to impound water or manage high
flows. The activity may alter the pre-construction course, condition, capacity, and location of
open waters if it benefits the aquatic environment (e.g., stream restoration or relocation
activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or
other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high
tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low-flow or
no-flow, or during low tides.

13. Removal of Structures and Fills. Temporary structures must be removed, to the
maximum extent practicable, after their use has been discontinued. Temporary fills must be
removed in their entirety and the affected areas returned to pre-construction elevations. The
affected areas must be revegetated, as appropriate.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

4

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity-specific conditions added by the district engineer to an NWP
authorization.

15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers.

(a) No NWP activity may occur in a component of the National Wild and Scenic River System,
or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion
in the system while the river is in an official study status, the permittee must submit a pre-
construction notification (see general condition 32). The district engineer will coordinate the
PCN with the Federal agency with direct management responsibility for that river. Permittees
shall not begin the NWP activity until notified by the district engineer that the Federal agency
with direct management responsibility for that river has determined in writing that the proposed
NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency responsible for the designated Wild and Scenic River or study river (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and
Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting rights.

18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly 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
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under any NWP which “may affect” a listed species or critical habitat unless ESA
section 7 consultation addressing the consequences of the proposed activity on listed species
or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the
action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which
provides further explanation under ESA section 7 regarding “activities that are reasonably
certain to occur” and “consequences caused by the proposed action.”

(b) Federal agencies should follow their own procedures for complying with the requirements
of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the
proposed activity, the Federal permittee must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements. The district engineer will
verify that the appropriate documentation has been submitted. If the appropriate
documentation has not been submitted, additional ESA section 7 consultation may be
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

5

necessary for the activity and the respective federal agency would be responsible for fulfilling
its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if
any listed species or designated critical habitat might be affected or is in the vicinity of the
activity, or if the activity 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 might be
affected by the proposed activity or that utilize the designated critical habitat that might be
affected by the proposed activity. 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. For activities where the non-Federal applicant has
identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have “no effect” on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant
has not heard back from the Corps within 45 days, the applicant must still wait for notification
from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer
may add species specific permit conditions to the NWPs.

(e) Authorization of an activity by an 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
FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction
of the United States to take a listed species, where "take" means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife.
Such an act may include significant habitat modification or degradation where it actually kills or
injures wildlife by significantly impairing essential behavioral patterns, including breeding,
feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with
an approved Habitat Conservation Plan for a project or a group of projects that includes the
proposed NWP activity, the non-federal applicant should provide a copy of that ESA section
10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district
engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to
determine whether the proposed NWP activity and the associated incidental take were
considered in the internal ESA section 7 consultation conducted for the ESA section
10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the
proposed NWP activity and the associated incidental take were considered in the internal ESA
section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not
need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The
district engineer will notify the non-federal applicant within 45 days of receipt of a complete
pre- construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed
NWP activity or whether additional ESA section 7 consultation is required.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

6

(g) Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the offices of the FWS and NMFS or their worldwide Web pages
at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring
that an action authorized by NWP complies with the Migratory Bird Treaty Act and the Bald
and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate
local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are
necessary or appropriate to reduce adverse effects to migratory birds or eagles, including
whether "incidental take" permits are necessary and available under the Migratory Bird Treaty
Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties.

(a) No activity is authorized under any NWP which may have the potential to cause effects to
properties listed, or eligible for listing, in the National Register of Historic Places 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 (see 33 CFR 330.4(g)(1)). If pre-
construction notification is required for the proposed NWP activity, the Federal permittee must
provide the district engineer with the appropriate documentation to demonstrate compliance
with those requirements. The district engineer will verify that the appropriate documentation
has been submitted. If the appropriate documentation is not submitted, then additional
consultation under section 106 may be necessary. The respective federal agency is
responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if
the NWP activity might have the potential to cause effects to any historic properties listed on,
determined to be eligible for listing on, or potentially eligible for listing on the National Register
of Historic Places, including previously unidentified properties. For such activities, the pre-
construction notification must state which historic properties might have the potential to be
affected by the proposed NWP activity or include a vicinity map indicating the location of the
historic properties or the potential for the presence of historic properties. Assistance regarding
information on the location of, or potential for, the presence of historic properties can be sought
from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated
tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR
330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the
current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry
out appropriate identification efforts commensurate with potential impacts, which may include
background research, consultation, oral history interviews, sample field investigation, and/or
field survey. Based on the information submitted in the PCN and these identification efforts, the
district engineer shall determine whether the proposed NWP activity has the potential to cause
effects on the historic properties. Section 106 consultation is not required when the district
engineer determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district
engineer determines that the activity has the potential to cause effects on historic properties.
The district engineer will conduct consultation with consulting parties identified under 36 CFR
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

7

800.2(c) when he or she makes any of the following effect determinations for the purposes of
section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.

(d) Where the non-Federal applicant has identified historic properties on which the proposed
NWP activity might have the potential to cause effects and has so notified the Corps, the non-
Federal applicant shall not begin the activity until notified by the district engineer either that the
activity has no potential to cause effects to historic properties or that NHPA section 106
consultation has been completed. For non-federal permittees, the district engineer will notify
the prospective permittee within 45 days of receipt of a complete pre-construction notification
whether NHPA section 106 consultation is required. If NHPA section 106 consultation is
required, the district engineer will notify the non-Federal applicant that he or she cannot begin
the activity until section 106 consultation is completed. If the non-Federal applicant has not
heard back from the Corps within 45 days, the applicant must still wait for notification from the
Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C.
306113) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the
applicant. If circumstances justify granting the assistance, the Corps is required to notify the
ACHP and provide documentation specifying the circumstances, the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a legitimate interest in the impacts to
the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any
previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by NWP, they must immediately notify the district
engineer of what they have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination required
to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in
the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed
marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The
district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.

(a) Discharges of dredged or fill material into waters of the United States are not authorized
by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 5258 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

8

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38,
and 54, notification is required in accordance with general condition 32, for any activity
proposed by permittees in the designated critical resource waters including wetlands adjacent
to those waters. The district engineer may authorize activities under these NWPs only after
she or he determines that the impacts to the critical resource waters will be no more than
minimal.

23. Mitigation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that the individual and cumulative
adverse environmental effects are no more than 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 for
resource losses) will be required to the extent necessary to ensure that the individual and
cumulative adverse environmental effects are no more than 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 either some other form of mitigation would be more
environmentally appropriate or the adverse environmental effects of the proposed activity are
no more than minimal, and provides an activity-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 only minimal adverse environmental effects.

(d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of
stream bed that exceed 1/103/100-acre and require pre-construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse environmental effects of the proposed activity are
no more than minimal, and provides an activity-specific waiver of this requirement. This
compensatory mitigation requirement may be satisfied through the restoration or enhancement
of riparian areas next to streams in accordance with paragraph (e) of this general condition.
For losses of stream bed of 1/103/100-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 only minimal adverse environmental effects.
Compensatory mitigation for losses of streams should be provided, if practicable, through
stream rehabilitation, enhancement, or preservation since streams are difficult-to- replace
resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters
will normally include a requirement for the restoration or enhancement, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some
cases, the restoration or maintenance/protection of riparian areas may be the only
compensatory mitigation required. If restoring riparian areas involves planting vegetation, only
native species should be planted. 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. If it is not
possible to restore or maintain/protect a riparian area on both sides of a stream, or if the
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

9

waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area
along a single bank or shoreline may be sufficient. 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 minimization or compensatory mitigation, the district engineer may
waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results
in no more than minimal adverse environmental effects. For the NWPs, the preferred
mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee
program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and
type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee- responsible
mitigation.

(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).

(3) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, aquatic resource restoration should be the first compensatory
mitigation option considered for permittee-responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may
be used by the district engineer to make the decision on the NWP verification request, but a
final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of
the final mitigation plan is not practicable or not necessary to ensure timely completion of
the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible
mitigation is the proposed option, and the proposed compensatory mitigation site is located
on land in which another federal agency holds an easement, the district engineer will
coordinate with that federal agency to determine if proposed compensatory mitigation
project is compatible with the terms of the easement.

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation
plan needs to address only the baseline conditions at the impact site and the number of
credits to be provided (see 33 CFR 332.4(c)(1)(ii)).

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization,
instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

10

(g) 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 NWP activity 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 an NWP activity already meeting the established acreage limits also satisfies the
no more than minimal impact requirement for the NWPs.

(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-
responsible mitigation. When developing a compensatory mitigation proposal, the permittee
must consider appropriate and practicable options consistent with the framework at 33 CFR
332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-
responsible mitigation may be environmentally preferable if there are no mitigation banks or in-
lieu fee programs in the area that have marine or estuarine credits available for sale or transfer
to the permittee. For permittee-responsible mitigation, the special conditions of the NWP
verification must clearly indicate the party or parties responsible for the implementation and
performance of the compensatory mitigation project, and, if required, its long-term
management.

(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material into
waters of the United States that will convert a forested or scrub-shrub wetland to an
herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non-Federal applicants to demonstrate that
the structures comply with established state or federal, dam safety criteria or have been
designed by qualified persons. The district engineer may also require documentation that the
design has been independently reviewed by similarly qualified persons, and appropriate
modifications made to ensure safety.

25. Water Quality.

(a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not
previously certified compliance of an NWP with CWA section 401, a CWA section 401 water
quality certification for the proposed discharge must be obtained or waived (see 33 CFF
330.4(c)). If the permittee cannot comply with all of the conditions of a water quality
certification previously issued by certifying authority for the issuance of the NWP, then the
permittee must obtain a water quality certification or waiver for the proposed discharge in order
for the activity to be authorized by an NWP.

(b) If the NWP activity requires pre-construction notification and the certifying authority has
not previously certified compliance of an NWP with CWA section 401, the proposed discharge
is not authorized by an NWP until water quality certification is obtained or waived. If the
certifying authority issues a water quality certification for the proposed discharge, the permittee
must submit a copy of the certification to the district engineer. The discharge is not authorized
by an NWP until the district engineer has notified the permittee that the water quality
certification requirement has been satisfied by the issuance of a water quality certification or a
waiver.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

11

(c) The district engineer or certifying authority may require additional water quality
management measures to ensure that the authorized activity does not result in more than
minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received
a state coastal zone management consistency concurrence, an individual state coastal zone
management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a
coastal zone management consistency concurrence previously issued by the state, then the
permittee must obtain an individual coastal zone management consistency concurrence or
presumption of concurrence in order for the activity to be authorized by an NWP. The district
engineer or a state may require additional measures to ensure that the authorized activity is
consistent with state coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in
its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is authorized, subject to the following restrictions:

(a) If only one of the NWPs used to authorize the single and complete project has a specified
acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit
of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal
waters is constructed under NWP 14, with associated bank stabilization authorized by NWP
13, the maximum acreage loss of waters of the United States for the total project cannot
exceed 1⁄3-acre.

(b) If one or more of the NWPs used to authorize the single and complete project has
specified acreage limits, the acreage loss of waters of the United States authorized by those
NWPs cannot exceed their respective specified acreage limits. For example, if a commercial
development is constructed under NWP 39, and the single and complete project includes the
filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the
United States for the commercial development under NWP 39 cannot exceed 1⁄2-acre, and the
total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot
exceed 1 acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:

‘‘When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit,
including any special conditions, will continue to be binding on the new owner(s) of the
property. To validate 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.’’
_______________________________________________
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

12

(Transferee)
_______________________________________________
(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from
the Corps must provide a signed certification documenting completion of the authorized activity
and implementation of any required compensatory mitigation. The success of any required
permittee-responsible mitigation, including the achievement of ecological performance
standards, will be addressed separately by the district engineer. The Corps will provide the
permittee the certification document with the NWP verification letter. The certification
document will include:

(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification
must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee
secured the appropriate number and resource type of credits; and

(c) The signature of the permittee certifying the completion of the activity and mitigation. The
completed certification document must be submitted to the district engineer within 30 days of
completion of the authorized activity or the implementation of any required compensatory
mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP activity
also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or
temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally
authorized Civil Works project (a ‘‘USACE project’’), the prospective permittee must submit a
pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that
requires section 408 permission and/or review is not authorized by an NWP until the
appropriate Corps office issues the section 408 permission or completes its review to alter,
occupy, or use the USACE project, and the district engineer issues a written NWP verification.

32. Pre-Construction Notification.

(a) Timing. Where required by the terms of the NWP, the 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, if the PCN is determined to be incomplete, notify the prospective permittee within that 30
day period to request the additional information necessary to make the PCN complete. The
request must specify the information needed to make the PCN complete. As a general rule,
district engineers 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
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

13

(2) 45 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 18 that listed species or critical habitat might be affected or are in the
vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the
activity might have the potential to cause effects to historic properties, the permittee
cannot begin the activity until receiving written notification from the Corps that there 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 Act (see 33 CFR
330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed
specified limits of an NWP, the permittee may not begin the activity until the district
engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
Subsequently, the permittee’s right to proceed under the NWP may be modified,
suspended, or revoked only in accordance with the pr set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the
following information:

(1) Name, address and telephone numbers of the prospective permittee;

(2) Location of the proposed activity;

(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to
authorize the proposed activity;

(4)
(i) A description of the proposed activity; the activity’s purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated
amount of loss of wetlands, other special aquatic sites, and other waters expected to
result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a
description of any proposed mitigation measures intended to reduce the adverse
environmental effects caused by the proposed activity; and 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, including other separate and distant
crossings for linear projects that require Department of the Army authorization but do
not require pre-construction notification. The description of the proposed activity and
any proposed mitigation measures should be sufficiently detailed to allow the district
engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory mitigation or other
mitigation measures.

(ii) For linear projects where one or more single and complete crossings require pre-
construction notification, the PCN must include the quantity of anticipated losses of
wetlands, other special aquatic sites, and other waters for each single and complete
crossing of those wetlands, other special aquatic sites, and other waters (including
those single and complete crossings authorized by an NWP but do not require PCNs).
This information will be used by the district engineer to evaluate the cumulative adverse
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

14

environmental effects of the proposed linear project and does not change those non-
PCN NWP activities into NWP PCNs.

(iii) Sketches should be provided when necessary to show that the activity complies with
the terms of the NWP. (Sketches usually clarify the activity and when provided results in
a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be
detailed engineering plans).

(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial and intermittent streams, on the project
site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic
sites and other waters on the project site, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45-day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate.

(6) If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands or
3⁄100-acre of stream bed and a PCN is required, the prospective permittee must submit a
statement describing how the mitigation requirement will be satisfied, or explaining why
the adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.

(7) For non-federal permittees, if any listed species (or species proposed for listing) or
designated critical habitat (or critical habitat proposed for such designation) might be
affected or is in the vicinity of the activity, or if the activity is located in designated critical
habitat (or critical habitat proposed for such designation), the PCN must include the
name(s) of those endangered or threatened species (or species proposed for listing) that
might be affected by the proposed activity or utilize the designated critical habitat (or
critical habitat proposed for such designation) that might be affected by the proposed
activity. For NWP activities that require pre-construction notification, Federal permittees
must provide documentation demonstrating compliance with the Endangered Species Act.

(8) For non-federal permittees, if the NWP activity might have the potential to cause
effects to a historic property listed on, determined to be eligible for listing on, or potentially
eligible for listing on, the National Register of Historic Places, the PCN must state which
historic property might have the potential to be affected by the proposed activity or include
a vicinity map indicating the location of the historic property. For NWP activities that
require pre-construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act.

(9) For an activity that will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a ‘‘study river’’ for possible
inclusion in the system while the river is in an official study status, the PCN must identify
the Wild and Scenic River or the ‘‘study river’’ (see general condition 16); and

(10) For an NWP activity that requires permission from, or review by, the Corps pursuant
to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.
Army Corps of Engineers federally authorized civil works project, the pre-construction
notification must include a statement confirming that the project proponent has submitted a
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

15

written request for section 408 permission from, or review by, the Corps office having
jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification
form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required
information may also be used. Applicants may provide electronic files of PCNs and supporting
materials if the district engineer has established tools and procedures for electronic submittals.

(d) Agency Coordination:

(1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity’s compliance with the terms and conditions of the NWPs
and the need for mitigation to reduce the activity’s adverse environmental effects so that
they are no more than minimal.

(2) Agency coordination is required for:

(i) All NWP activities that require pre-construction notification and result in the loss of
greater than 1⁄2-acre of waters of the United States;

(ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites;
and

(iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody
more than 30 feet from the mean low water line in tidal waters or the ordinary high
water mark in the Great Lakes.

(3) When agency coordination is required, the district engineer will immediately provide
(e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception
of NWP 37, these agencies will have 10 calendar days from the date the material is
transmitted to notify the district engineer via telephone, facsimile transmission, or email
that they intend to provide substantive, site-specific comments. The comments must
explain why the agency believes the adverse environmental effects will be more than
minimal. 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
concerning the proposed activity’s compliance with the terms and conditions of the NWPs,
including the need for mitigation to ensure that the net adverse environmental effects of
the proposed activity are no more than minimal. The district engineer 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.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

16

(4) 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.

(5) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre-construction notifications to expedite agency coordination.

DISTRICT ENGINEER’S DECISION

1. 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 a project proponent
requests authorization by a specific NWP, the district engineer should issue the NWP
verification for that activity if it meets the terms and conditions of that NWP, unless he or she
determines, after considering mitigation, that the proposed activity will result in more than
minimal individual and cumulative adverse effects on the aquatic environment and other
aspects of the public interest and exercises discretionary authority to require an individual
permit for the proposed activity. For a linear project, this determination will include an
evaluation of the single and complete crossings of waters of the United States that require
PCNs to determine whether they individually satisfy the terms and conditions of the NWP(s),
as well as the cumulative effects caused by all of the crossings of waters of the United States
authorized by an NWP. If an applicant requests a waiver of an applicable limit, as provided for
in NWPs 13, 36, or 54, the district engineer will only grant the waiver upon a written
determination that the NWP activity will result in only minimal individual and cumulative
adverse environmental effects.

2. When making minimal adverse environmental effects determinations the district engineer
will consider the direct and indirect effects caused by the NWP activity. He or she will also
consider the cumulative adverse environmental effects caused by activities authorized by an
NWP and whether those cumulative adverse environmental effects are no more than minimal.
The district engineer will also consider site specific factors, such as the environmental setting
in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity,
the functions provided by the aquatic resources that will be affected by the NWP activity, the
degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete
loss), the duration of the adverse effects (temporary or permanent), the importance of the
aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required
by the district engineer. If an appropriate functional or condition assessment method is
available and practicable to use, that assessment method may be used by the district engineer
to assist in the minimal adverse environmental effects determination. The district engineer may
add case-specific special conditions to the NWP authorization to address site-specific
environmental concerns.

3. If the proposed activity requires a PCN and will result in a loss of greater than 1⁄10-acre of
wetlands or 3⁄100-acre of stream bed, the prospective permittee should submit a mitigation
proposal with the PCN. Applicants may also propose compensatory mitigation for NWP
activities with smaller impacts, or for impacts to other types of waters. The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant
has included in the proposal in determining whether the net adverse environmental effects of
the proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

17

the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
include any activity-specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless
the district engineer determines that prior approval of the final mitigation plan is not practicable
or not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the proposed compensatory mitigation plan within 45 calendar
days of receiving a complete PCN and determine whether the proposed mitigation would
ensure that the NWP activity results in no more than minimal adverse environmental effects. If
the net adverse environmental effects of the NWP activity (after consideration of the mitigation
proposal) are determined by the district engineer to be no more than minimal, the district
engineer will provide a timely written response to the applicant. The response will state that the
NWP activity can proceed under the terms and conditions of the NWP, including any activity-
specific conditions added to the NWP authorization by the district engineer.

4. If the district engineer determines that the adverse environmental effects of the proposed
activity are more than minimal, then the district engineer will notify the applicant either:

(a) That the activity does not qualify for authorization under the NWP and instruct the applicant
on the procedures to seek authorization under an individual permit;

(b) that the activity is authorized under the NWP subject to the applicant’s submission of a
mitigation plan that would reduce the adverse environmental effects so that they are no more
than minimal; or

(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31),
with activity-specific conditions that state the mitigation requirements. The authorization will
include the necessary conceptual or detailed mitigation plan or a requirement that the applicant
submit a mitigation plan that would reduce the adverse environmental effects so that they are
no more than minimal. When compensatory mitigation is required, no work in waters of the
United States may occur until the district engineer has approved a specific mitigation plan or
has determined that prior approval of a final mitigation plan is not practicable or not necessary
to ensure timely completion of the required compensatory mitigation.

FURTHER INFORMATION

1. District engineers have authority to determine if an activity complies with the terms and
conditions of an 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 (see
general condition 31).

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

18

DEFINITIONS

Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment
(creation), enhancement, and/or in certain circumstances preservation of aquatic resources for
the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and
practicable avoidance and minimization has been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term ‘‘discharge’’ means any discharge of dredged or fill material into waters of
the United States.

Ecological reference: A model used to plan and design an aquatic habitat and riparian area
restoration, enhancement, or establishment activity under NWP 27. An ecological reference
may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian
area type that currently exists in the region where the proposed NWP 27 activity is located.
Alternatively, an ecological reference may be based on a conceptual model for the aquatic
habitat type or riparian area type to be restored, enhanced, or established as a result of the
proposed NWP 27 activity. An ecological reference takes into account the range of variation of
the aquatic habitat type or riparian area type in the region.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an
aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to
a decline in other aquatic resource function(s). Enhancement does not result in a gain in
aquatic resource area.

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.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum
height reached by a rising tide. The high tide line may be determined, in the absence of actual
data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine
shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation
lines, tidal gages, or other suitable means that delineate the general height reached by a rising
tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such
as those accompanying a hurricane or other intense storm.

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
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

19

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 non-linear
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.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed
in distance but are still reasonably foreseeable.

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.
The loss of stream bed includes the acres of stream bed that are permanently adversely
affected by filling or excavation 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 or wetlands 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. 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 that do not require Department of the Army authorization, such
as 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.

Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These
waters are defined at 33 CFR part 329.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of
tidal waters. Non- tidal wetlands contiguous to tidal waters are located landward of the high
tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal
patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or
standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of ‘‘open waters’’ include rivers, streams, lakes, and ponds.

Ordinary High Water Mark: The term ordinary high water mark means that line on the shore
established by the fluctuations of water and indicated by physical characteristics such as a
clear, natural line impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate
means that consider the characteristics of the surrounding areas.

Perennial stream: A perennial stream has surface water flowing continuously year-round
during a typical year.
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

20

Practicable: Available and capable of being done after taking into consideration cost, existing
technology, and logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for
confirmation that a particular activity is authorized by nationwide permit. The request may be a
permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre- construction notification may be required
by the terms and conditions of a nationwide permit, or by regional conditions. A pre-
construction notification may be voluntarily submitted in cases where pre-construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an
action in or near those aquatic resources. This term includes activities commonly associated
with the protection and maintenance of aquatic resources through the implementation of
appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former aquatic resource. Re-
establishment results in rebuilding a former aquatic resource and results in a gain in aquatic
resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function but does not result in a gain in
aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site
with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: Re-establishment and rehabilitation.

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 movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.

Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)

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
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

21

consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for
shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of
getting people, goods, or services from a point of origin to a terminal point, which often
involves multiple crossings of one or more waterbodies at separate and distant locations. The
term ‘‘single and complete project’’ is defined as that portion of the total linear project proposed
or accomplished by one owner/developer or partnership or other association of
owners/developers that includes 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 or multiple
waterbodies several times at separate and distant locations, each crossing is considered a
single and complete project for purposes of NWP authorization. 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.

Single and complete non-linear project: For non-linear projects, 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 non-linear project must have independent utility (see definition of ‘‘independent
utility’’). Single and complete non-linear projects may not be ‘‘piecemealed’’ to avoid the limits
in an NWP authorization.

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
jurisdictional 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 jurisdictional wetland that is inundated by tidal waters. Tidal
waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational
pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

22

longer be practically measured in a predictable rhythm due to masking by other waters, wind,
or other effects. Tidal wetlands are located channelward of the high tide line.

Tribal lands: Any lands title to which is either: (1) Held in trust by the United States for the
benefit of any Indian tribe or individual; or (2) held by any Indian tribe or individual subject to
restrictions by the United States against alienation.

Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign
authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or
agreement, and that give rise to legally enforceable remedies.

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: For purposes of the NWPs, a waterbody is a ‘‘water of the United States.’’ If a
wetland is adjacent to a waterbody determined to be a water of the United States, that
waterbody and any adjacent wetlands are considered together as a sing e aquatic unit (see 33
CFR 328.4(c)(2)).

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

23

REGIONAL CONDITIONS:

The following Regional Conditions have been approved by the Wilmington District for the
Nationwide Permits (NWPs) published in the January 13, 2021, and December 27, 2021,
Federal Register (86 FR 2744 and 86 FR 73522) announcing the reissuance of 52 existing
(NWPs) and five new NWPs, as well as the reissuance of NWP general conditions and
definitions with some modifications.

A. EXCLUDED WATER AND/OR AREAS

The Corps has identified waters that will be excluded from the use of all NWP’s during certain
timeframes. These waters are:

1. Anadromous Fish Spawning Areas. Work in waters of the U.S. designated by either the
North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources
Commission (NCWRC) as anadromous fish spawning areas are prohibited from February 15th
through June 30th, without prior written approval from the Corps and the appropriate wildlife
agencies (NCDMF, NCWRC and/or the National Marine Fisheries Service (NMFS)). Work in
waters of the U.S. designated by NCWRC as primary nursery areas in inland waters are
prohibited from February 15th through September 30th, without prior written approval from the
Corps and the appropriate wildlife agencies. Work in waters of the U.S. designated by NCDMF
as primary nursery areas shall be coordinated with NCDMF prior to being authorized by this
NWP. Coordination with NCDMF may result in a required construction moratorium during
periods of significant biological productivity or critical life stages.

2. Trout Waters Moratorium. Work in waters of the U.S. in the designated trout watersheds
of North Carolina are prohibited from October 15th through April 15th without prior written
approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries
and Wildlife Management (FWM) office if the project is located on EBCI trust land. (See
Section C.3. below for information on the designated trout watersheds).

3. Sturgeon Spawning Areas. No in-water work shall be conducted in waters of the U.S.
designated by the National Marine Fisheries Service as Atlantic sturgeon critical habitat from
February 1st through June 30th. No in-water work shall be conducted in waters of the U.S. in
the Roanoke River designated as Atlantic sturgeon critical habitat from February 1st through
June 30th, and August 1st through October 31st, without prior written approval from NMFS.

4. Submerged Aquatic Vegetation. Impacts to Submerged Aquatic Vegetation (SAV) are not
authorized by any NWP, except NWP 48, NWP 55 and NWP 56, unless Essential Fish Habitat
(EFH) consultation has been completed pursuant to the Magnuson-Stevens Fisheries
Conservation and Management Act (Magnuson-Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson-Stevens Act have been satisfied and that the activity is verified.

B. REGIONAL CONDITIONS APPLICABLE TO ALL NWP’s

1. Critical Habitat in Western NC. For proposed activities within waters of the U.S. that
require a Pre-Construction Notification (PCN) and are located in the thirteen counties listed
below, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service
(USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801 and the Corps Asheville
Regulatory Field Office. Please see General Condition 18 for specific PCN requirements
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

24

related to the Endangered Species Act and the below website for information on the location of
designated critical habitat.

Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Graham, Haywood, Henderson,
Jackson, Macon, Mecklenburg, Mitchell, Swain, Transylvania, Union and Yancey.

Website and office addresses for Endangered Species Act Information:

The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General
Condition 18 (Endangered Species) requirements:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.
aspx.

Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone].

Below is a map of the USFWS Field Office Boundaries:

Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and
including Anson, Stanly, Davidson, Forsythe and Stokes Counties.

U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

Raleigh U.S. Fish and Wildlife Service Office counties: All counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.

U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

25

2. Special Designation Waters. Prior to the use of any NWP that involves a discharge of
dredged or fill material in any of the following identified waters and/or adjacent wetlands in
North Carolina, permittees shall submit a PCN to the District Engineer prior to commencing the
activity (see General Condition 32). The North Carolina waters and wetlands that require
additional PCN requirements are:

“Primary Nursery Areas” (PNA), including inland PNA, as designated by the North Carolina
Marine Fisheries Commission and/or the North Carolina Wildlife Resources Commission. The
definition of and designated PNA waters can be found in the North Carolina State
Administrative Code at Title 15A, Subchapters 3R and 10C (15A NCAC 03R .0103; 15A NCAC
10C .0502; and 15A NCAC 10C .0503) and at the following web pages:

• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20quality/chapter%2003%20-
%20marine%20fisheries/subchapter%20r/15a%20ncac%2003r%20.0103.pdf

• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20quality/chapter%2010%20-
%20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20ncac%2010c
%20.0502.pdf

• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20quality/chapter%2010%20-
%20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20ncac%2010c
%20.0503.pdf

3. Trout Waters. Prior to any discharge of dredge or fill material into streams, waterbodies or
wetlands within the 294 designated trout watersheds of North Carolina, the permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to commencing the
activity. The permittee shall also provide a copy of the PCN to the appropriate NCWRC office,
or to the EBCI FWM Office (if the project is located on EBCI trust land), to facilitate the
determination of any potential impacts to designated Trout Waters.

NCWRC and NC Trout Watersheds:

NCWRC
Contact**
Counties that are entirely
within Trout Watersheds*
Counties that are
partially within Trout
Watersheds*
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

26

Mountain
Coordinator
645 Fish
Hatchery
Rd., Building
B
Marion, NC
28752
828-803-
6054

For NCDOT
Projects:

NCDOT
Coordinator
12275 Swift
Rd.
Oakboro,
NC 28129
704-984-
1070

Alleghany
Ashe
Avery
Graham
Haywood

Jackson
Macon
Swain
Transylvania
Watauga

Burke
Buncombe
Caldwell
Cherokee
Clay
Henderson
Madison
McDowell
Mitchell
Polk
Rutherford
Surry
Wilkes
Yancey
EBCI
Contact**
Counties that are within
Trout Watersheds*

Office of
Natural
Resources
P.O. Box 1747,
Cherokee, NC
28719
[phone]

Qualla Boundary and non-
contiguous tracts of trust
land located in portions of
Swain, Jackson, Haywood,
Graham and Cherokee
Counties.

*NOTE: To determine PCN requirements, contact the Corps Asheville Regulatory Field Office
at [phone] or view maps showing trout watersheds in each County at the following
webpage: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Trout/.

**If a project is located on EBCI trust land, submit the PCN in accordance with Regional
Condition C.16. Contact the Corps Asheville Regulatory Field Office at [phone] with
questions.

4. Western NC Waters and Corridors. The permittee shall submit a PCN (see General
Condition 32) to the District Engineer prior to commencing the activity in waters of the U.S. if
the activity will occur within any of the following identified waters in western North Carolina,
within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River,
as measured from the top of the bank of the respective water (i.e., river, stream, or creek):

Brasstown Creek
Burningtown Creek
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

27

Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River

To determine PCN requirements, contact the Corps Asheville Regulatory Field Office at (828)
271-7980 or view maps for all corridors at the following webpage:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Designated-Special-Waters.aspx .

5. Limitation of Loss of Stream Bed. NWPs may not be used for activities that may result in
the loss of more than 0.05 acres of stream bed, except for NWP 32.

6. Pre-Construction Notification for Loss of Stream Bed Exceeding 0.02 acres. The
permittee shall submit a PCN to the District Engineer prior to commencing the activity (see
General Condition 32) prior to the use of any NWP for any activity that results in the loss of
more than 0.02 acres of stream bed. This applies to NWPs that do not have PCN requirements
as well as those NWPs that require a PCN.

7. Mitigation for Loss of Stream Bed. For any NWP that results in a loss of more than 0.02
acres of stream bed, the permittee shall provide a mitigation proposal to compensate for more
than minimal individual and cumulative adverse impacts to the aquatic environment, unless the
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

28

District Engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal. For
stream bed losses of 0.02 acres or less that require a PCN, 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 effect on the aquatic environment.

8. Riprap. For all NWPs that allow for the use of riprap material for bank stabilization, the
following conditions shall be applied:

a. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or “keyed” into the bank of the waterbody. A waiver from the specifications in this Regional
Condition must be requested in writing.

b. Riprap shall be placed only on the stream banks, or, if it is necessary to be placed in the
stream bed, the finished top elevation of the riprap should not exceed that of the original
stream bed.

9. Culvert Placement. For all NWPs that allow for culvert placement, the following conditions
shall be applied:

a. For all NWPs that involve the construction/installation of culverts, measures shall be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms

Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches. If the culvert
outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.

Culvert burial is not required for structures less than 72 inch diameter/width, where the slope of
the culvert will be greater than 2.5%, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g., rock ladders, cross vanes, sills, baffles etc.). Culvert burial is not required when
bedrock is present in culvert locations.

Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall 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.
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

29

A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp. This waiver request must be specific as to the reasons(s) for
the request. The waiver will be issued if it can be demonstrated that the proposed design
would result in less impacts to the aquatic environment. Culverts placed across wetland fills
purely for the purposes of equalizing surface water do not have to be buried, but the culverts
must be of adequate size and/or number to ensure unrestricted transmission of water.

b. Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall
be allowed only to receive bank-full flows.

c. Culverts 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. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.

10. Utility Lines. For all NWPs that allow for the construction and installation of utility lines, the
following conditions shall be applied:

a. Utility lines consisting of aerial electric power transmission lines crossing navigable waters
of the U.S. (which are defined at 33 CFR part 329) must comply with the applicable minimum
clearances specified in 33 CFR 322.5(i).
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

30

b. The work area authorized by this permit, including temporary and/or permanent fills, will be
minimized to the greatest extent practicable. Justification for work corridors exceeding forty
(40) feet in width is required and will be based on pipeline diameter and length, size of
equipment required to construct the utility line, and other construction information deemed
necessary to support the request. The permittee is required to provide this information to the
Corps with the initial PCN package.

c. A plan to restore and re-vegetate wetland areas cleared for construction must be submitted
with the required PCN. Cleared wetland areas shall be re-vegetated, as appropriate, with
species of canopy, shrub, and herbaceous species. The permittee shall not use fescue grass
or any other species identified as invasive or exotic species by the NC Native Plant Society
(NCNPS): https://ncwildflower.org/invasive-exotic-species-list/.

d. Any permanently maintained corridor along the utility right of way within forested wetlands
shall be considered a loss of aquatic function. A compensatory mitigation plan will be required
for all such impacts associated with the requested activity if the activity requires a PCN and the
cumulative total of permanent conversion of forested wetlands exceeds 0.1 acres, unless the
District Engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal.

Where permanently maintained corridor within forested wetlands is 0.1 acres or less, 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.

e. When directional boring or horizontal directional drilling (HDD) under waters of the U.S.,
including wetlands, permittees shall closely monitor the project for hydraulic fracturing or
“fracking.” Any discharge from hydraulic fracturing or “fracking” into waters of the U.S.,
including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48
hours. Restoration and/or compensatory mitigation may be required as a result of any
unintended discharges.

11. Temporary Access Fills. The permittee shall submit a PCN to the District Engineer prior
to commencing the activity if the activity will involve the discharge of dredged or fill material
into more than 0.1 acres of wetlands or 0.02 acres of stream channel for the construction of
temporary access fills and/or temporary road crossings. The PCN must include a restoration
plan that thoroughly describes how all temporary fills will be removed, how pre-project
conditions will be restored, and include a timetable for all restoration activities.

12. Federal Navigation Channel Setbacks. Authorized structures and fills located in or
adjacent to Federally authorized waterways must be constructed in accordance with the latest
setback criteria established by the Wilmington District Engineer. You may review the setback
policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general
permit does not authorize the construction of hardened or permanently fixed structures within
the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The
permittee shall submit a PCN (see General Condition 32) to the District Engineer to obtain a
written verification prior to the construction of any structures or fills within the Federally
Authorized Channel Setback.

13. Northern Long-eared Bat – Endangered Species Act Compliance. The Wilmington
District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

31

Service (USFWS) in regard to the threatened northern long-eared bat (NLEB) (Myotis
septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES)
have been approved by the Corps and the USFWS. This condition concerns effects to the
NLEB only and does not address effects to other federally listed species and/or federally
designated critical habitat.

a. Procedures when the Corps is the lead federal* agency for a project:

The permittee must comply with (1) and (2) below when:

• the project is located in the western 41 counties of North Carolina, to include non-federal aid
North Carolina Department of Transportation (NCDOT) projects, OR;

• the project is located in the 59 eastern counties of North Carolina and is a non-NCDOT
project.

*Generally, if a project is located on private property or on non-federal land, and the project is
not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the U.S. If the
project is located on federal land, contact the Corps to determine the lead federal agency.

(1) A permittee using an NWP must check to see if their project is located in the range of the
NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is
within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile
driving, etc.), the permittee is then required to check the appropriate website in the paragraph
below to discover if their project:

• is located in a 12-digit Hydrologic Unit Code area (“red HUC” - shown as red areas on the
map), AND/OR;

• involves percussive activities within 0.25 mile of a red HUC.

Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html. For the eastern 59
counties in NC (covered by the Raleigh Ecological Services Field Office), check the project
location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB_RFO.html.

(2) A permittee must submit a PCN to the District Engineer, and receive written verification
from the District Engineer, prior to commencing the activity, if the activity will involve any of the
following:

• tree clearing/removal and/or, construction/installation of wind turbines in a red HUC,
AND/OR;

• bridge removal or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:

• percussive activities in a red HUC, or within 0.25 mile of a red HUC.

Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

32

The permittee may proceed with the activity without submitting a PCN to either the Corps or
the USFWS, provided the activity complies with all applicable NWP terms and general and
regional conditions, if the permittee’s review under A.(1) and A.(2) above shows that the
project is:

• located outside of a red HUC (and there are no percussive activities), and the activity will
NOT include bridge removal or maintenance, unless the bridge has been inspected and there
is no evidence of bat use, OR;
• located outside of a red HUC and there are percussive activities, but the percussive activities
will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge
removal or maintenance, unless the bridge has been inspected and there is no evidence of bat
use, OR;
• located in a red HUC, but the activity will NOT include tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless the bridge
has been inspected and there is no evidence of bat use, and/or; any percussive activities.

b. Procedures when the USACE is not the lead federal agency:

For projects where another federal agency is the lead federal agency - if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has
(1) determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office’s website), that project may proceed without PCN to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.

The NLEB SLOPES can be viewed on the USACE website at:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at
(910) 251- 4633.

14. West Indian Manatee Protection. In order to protect the endangered West Indian
manatee (Trichechus manatus) the Permittee shall implement the USFWS’ Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.

15. ESA Programmatic Biological Opinions. The Wilmington District, USFWS, NCDOT, and
the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally
listed species and designated critical habitat (DCH), and programmatic consultation
concerning other federally listed species and/or DCH may occur in the future. The result of
completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by
the USFWS. These PBOs contain mandatory terms and conditions to implement the
reasonable and prudent measures that are associated with “incidental take” of whichever
species or critical habitat is covered by a specific PBO. Authorization under NWPs is
conditional upon the permittee’s compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PBOs), which are incorporated by
reference in the NWPs. Failure to comply with the terms and conditions associated with
incidental take of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee non-
compliance with the authorization under the NWPs. If the terms and conditions of a specific
PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any NWP
verification that may be issued for a project. For an activity/project that does not require a
PCN, the terms and conditions of the applicable PBO(s) also apply to that non-notifying
Nationwide Permit 3 - Activities, Regional Conditions, General Conditions, and Definitions

33

activity/project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO and the ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/.

16. Work on Eastern Band of Cherokee Indian Land.

Notifying NWPs - All PCNs submitted for activities in waters of the U.S. on Eastern Band of
Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust
land located in portions of Swain, Jackson, Haywood, Graham and Cherokee Counties),
must comply with the requirements of the latest MOU between the Wilmington District and
the EBCI.

Non-notifying NWPs - Prior to the use of any non-notifying NWP for activities in waters of
the U.S. on EBCI trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land
located in portions of Swain, Jackson, Haywood, Graham and Cherokee Counties), all
prospective permittees must comply with the requirements of the latest MOU between the
Wilmington District and the EBCI; this includes coordinating the proposed project with the
EBCI Natural Resources Program and obtaining a Tribal Approval Letter from the Tribe.

The EBCI MOU can be found at the following URL: http://saw-reg.usace.army.mil/FO/Final-
MOU-EBCI-USACE.pdf

17. Sedimentation and Erosion Control Structures and Measures.

All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the U.S. The structures and measures
should be depicted on maps, surveys or drawings showing location and impacts to
jurisdictional wetlands and streams.

C. REGIONAL CONDITIONS APPLICABLE TO NWP 3

1. In designated trout watersheds, a PCN is not required for impacts to a maximum of 0.02
acres for temporary dewatering) of streams and waterbodies when conducting maintenance
activities. Minor deviations in an existing structure’s configuration, temporary structures and
temporary fills are authorized as part of the maintenance activity. In designated trout
watersheds, the permittee shall submit a PCN (see Regional Condition C.3 above and General
Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts (other than
temporary dewatering to work in dry conditions) to streams or waterbodies exceed 0.008
acres; 2) temporary impacts to streams or waterbodies associated with dewatering to work in
dry conditions exceeds 0.02 acres; 3) the project will involve impacts to wetlands; 4) the
project involves the replacement of a bridge or spanning structure with a culvert or non-
spanning structure in waters of the United States; or 5) the activity will be constructed during
the trout waters moratorium (October 15 through April 15).

D. SECTION 401 WATER QUALITY CERTIFICATION (WQC) AND/OR COASTAL ZONE
MANAGEMENT ACT (CZMA) CONSISTENCY DETERMINATION SUMMARY AND
APPLICABLE CONDITIONS

The CZMA Consistency Determination and all Water Quality Certifications for the NWPs can
be found at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Permits/2017-Nationwide-Permits/
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.