19951165 Ver 1_Complete File_19951101

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
October 24, 1995
95)l(-o5
GARLAND B. GARRETT JR.
SECRETARY
REvEivEo
Regulatory Branch
US Army Corps of Engineers
Wilmington Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Sir:
NOV 01 1995
E*'RONWNTAL SCIENCES
ARAW-4
Subject: Greene/Pitt County, US 264 Interchange at Farmville Connector, Federal Aid No.
F-38-1(32), State Project No. 8.1230101, TIP Project No. R-525E and COE
Action ID. No. 199201491.
The North Carolina Department of Transportation proposes to construct a new
interchange that will connect the existing US 264 to the new US 264/Farmville Bypass (see
enclosed plans). The roadway will consists of a flyover for westbound traffic from Farmville and
has a design speed of 50 mph.
Find enclosed a copy of the expired Nationwide Permit 23 issued for the project in 1992.
The 1992 Categorical Exclusion (CE) submitted to the COE requesting the issuance of a NWP 23
indicated that the project would result in 0.75 acres of wetland impacts. These impacts were
based on preliminary information, therefore, in October 1994 NCDOT biologist revisited the site
with a copy of the final design plans. Based on these plans the biologist redelineated the wetlands
and determined that only 0.15 acres of wetlands would be impacted by the project (see enclosed
biologist report).
As a result, we are requesting that the original NWP 23 issued for the project be modified
to reflect the reduction in impacts and be valid for an additional two years. If you have any
questions concerning this project, please do not hesitate to call Scott P. Gottfried at 919-733-
3141.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
Enclosures
cc: Mr. David Lekson, COE Washington Field Office
Mr. Henry Wicker, COE Washington Field Office
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STATE OF NORTH CAROLINA
DEPARTMENT OF TANSPORTATION
JAMES B. HUNT. J R.
GOVERNOR
October 24, 1994
MEMORANDUM TO:
ATTENTION:
FROM:
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
R. SAMUEL HUNT Ili
SECRETARY
Dennis Pipkin P.E., Supervisor
Permit and Wetland Mitigation Specialists
Ro n Little, Permits/Mitigation
Gerard Nieters, Environmental Biologist
Environmental Unit
SUBJECT: Wetland Delineation for the proposed US 264
interchange west of Farmville, Greene County,
TIP # R-525E; State Project n 8.1230101;
Federal Aid # F-38-1(32).
Potential wetland sites were visited on September 20,
1994, by Gerard Nieters (NCDOT Biologist) and Darrell
Caldwell (NCDOT Engineer). These sites were located and
delineated. A brief description of each site is given below.
Please contact me if you have any questions, or need this
report copied onto disc format.
cc: V. Charles Bruton, PhD
Ni. Randall Turner, Environmental Supervisor
File: R-525E Greene County
*NOTE: All abbreviations and ratings are defined in
"Terminology Used", following the wetland
descriptions.
1) Soils: 10YR 5/2-3/2 Hydrological Evidence: Ors, Ls, Dp
Class: PF01C
Description: This wet depression is small in size with red
<maple (Acer rubrum), green ash (Fraxinus pennsylvanica),
and black willow (Salix nigra) composing the canopy as
well as the understory. The herbaceous layer consists of
knotweed (Polvgonum sp.), lizard's tail (Saururus
cernuus), carex (Carex sp.), and morning glory (Ipomoea
sp.). Trumpet vine (Campsis radicans) was the dominant
woody vine found in the system.
Comments: Ephemeral depression
Approximate Area Impacted: 0.04 ha (0.10 ac) DEM Rating:
32
M ? ri
w ?
21 Soils: 10YR 4/2-6/2 Hydrological Evidence: N1b, Dp, Ors
Class: PF01C
Description: This mixed bottomland hardwood forest is
dominated by willow oak (Ouercus phellos), sweetgum
(Liauidambar stvraciflua), swamp chestnut oak (Quercus
michauxii), black willow, and red maple in the canopy.
The shrub layer contains blueberry (Vaccinium sp.),
hawthorn (Crataegus marshalii), viburnum (Viburnum sp.),
ironwood (Carpinus caroliniana) and saplings of the canopy
species. Common herbaceous growth is lizard's tail, giant
cane (Arundinaria Qigantea), southern lady fern (Athyrium
asplenioides) and sphagnum moss (Sphagnum sp.).
Comments: Bottomland hardwood forest.
Approximate Area Impacted: 0.02 ha (0.05 ac) DEM Rating:
17.75
TERMINOLOGY USED
Class represents Fish and Wildlife Service's National Wetland
Inventory (NWI) classification:
System: P=Palustrine.
Class: Fo=Forested
1=Broad-leaved deciduous
Water Regime: Non-Tidal: C=Seasonally Flooded
Soils: Munsell soil color chart classification
Hydrological Evidence: Ors=Oxidized rhizospheres Mb=Multiple
tree boles Dp=Drainage pattern
S1=Stained leaf litter
DEM Rating was derived from the Third Version of the North
Carolina Division of Environmental Management Wetland Rating
System, May 1993. Score is based upon an evaluation scale of
100.

1w

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS_ OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 6, 1992
Regulatory Branch
> 4P ?
2-1 8
411,E 199
?SfiARCH 8??~??
Action ID. 199201491 and Nationwide Permit No. 23 (Approved Categorica
Exclusions)
Mr. L. J. Ward
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
Reference your letter of March 6, 1992, regarding your plans to place fill
material in approximately 0.75 acre of Thompson Swamp Tributary wetlands
associated with construction of the U.S. Highway 264 Interchange at Farmville
Connector, Greene-Pitt Counties, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or in part, by another
Federal agency or department where that agency or department has determined,
pursuant to the CEQ.Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
Office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
.1
a

-2-
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified,-such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri t
Chie Regulatory Branch
Enclosure
Copies Furnished (without enclosure): _
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney. v
Water Quality Section
Division of Environmental Management
North Carolina Department of
'Environment, Health and
Natural Resources
E Post Office Box 27687
...Raleigh, North Carolina 27611-7687
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
.movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained fromthe National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management.,,-In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
..notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
i

a -
-2-
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33. CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization. _
14. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
15. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
'discharged must-be free from toxic pollutants in toxic amounts.
`16 Mitigation., Discharges of dredged or fill material into waters of the
United :States -,must`be minimized or avoided to the maximum extent practicable
` x ::at„the project site (i.e on-site), unless the District Engineer has approved
a compensation", mitigation plan for the specific regulated activity.
' 17 Spawning Areas. Discharges in spawning areas during spawning seasons
Y Y>
- must be avoided to the maximum extent practicable:
18.F-Obstructions of High Flows. To the maximum extent practicable,
:i,.. 'discharges must not permanently restrict or impede the passage of normal or: '
expected high flows or cause the relocation of the water (unless the primary
'n..:;,.purpose" of -the fill is to impound waters).
I A,

-3-
19. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned. to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should..all.or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission,, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal` Management:at.least 90 days before the onset of the proposed activity.
STATE CONSISTENCY CONDITIONS
1. The applicant must provide a description of the proposed activity to the
North-Carolina Division of Environmental Management.
2.. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North. Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
.all-lakes and reservoirs and 10 NTU's in trout waters).
3. -If the proposed activity is within or has a potential to significantly
affect any land or water use or natural resource of the North Carolina coastal
.area, a consistency determination pursuant.to 15 CFR 930, Subpart C may be
required.
GENERAL CERTIFICATION CONDITIONS
1:i Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written notification to the North Carolina .

-4-

Division of Environmental Management of the extent of impact to waters and
wetlands.
2. Six copies and the original shall be submitted to the North Carolina
Division of Environmental Management at the time of notification in accordance
with 15A NCAC 2H.0501(a).
3. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
4. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
5. If the project is not completed within three years from the date of the
first notification to the North Carolina Division of Environmental Management,
then the applicant will again need to notify the North Carolina Division of
Environmental Management.
e

1•

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201
October 24, 1995
Regulatory Branch
US Army Corps of Engineers
Wilmington Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Sir:
Subject: Greene/Pitt County, US 264 Interchange at Farmville Connector, Federal Aid No.
F-38-1(32), State Project No. 8.1230 TIP Project No. R-525E and COE
Action ID. No. 199201491.
The North Carolina Department of Transportation proposes to construct a new
interchange that will connect the existing US 264 to the new US 264/Farmville Bypass (see
enclosed plans). The roadway will consists of a flyover for westbound traffic from Farmville and
has a design speed of 50 mph.
v
N1
Find enclosed a copy of the expired Nationwide Permit 23 issued for the project in 1992.
The 1992 Categorical Exclusion (CE) submitted to the COE requesting the issuance of a NWP 23
indicated that the project would result in 0.75 acres of wetland impacts. These impacts were
based on preliminary information, therefore, in October 1994 NCDOT biologist revisited the site
with a copy of the final design plans. Based on these plans the biologist redelineated the wetlands
and determined that only 0.15 acres of wetlands would be impacted by the project (see enclosed
biologist report).
As a result, we are requesting that the original NWP 23 issued for the project be modified
to reflect the reduction in impacts and be valid for an additional two years. If you have any
questions concerning this project, please do not hesitate to call Scott P. Gottfried at 919-733-
3141.
Sincerely, \ K
Av??- H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
Enclosures
cc: Mr. David Lekson, COE Washington Field Office
Mr. Henry Wicker, COE Washington Field Office
I It T _ t_ _. 71 -.-.- -- TT. 1
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95)/45
GARLAND B. GARRETT J R.
SECRETARY

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.sT^?rv
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR.
GOVERNOR
October 24, 1994
MEMORANDUM TO:
ATTENTION:
FROM:
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C 27611-5201
R. SAMUEL HUNT Ili
SECRETARY
Dennis Pipkin P.E., Supervisor
Permit and Wetland Mitigation Specialists
Ro n Little, Permits/Mitigation
Gerard Nieters, Environmental Biologist
Environmental Unit
SUBJECT: Wetland Delineation for the proposed US 264
interchange west of Farmville, Greene County,
TIP n R-525E; State Project # 8.1230101;
Federal Aid l F-38-1(32).
Potential wetland sites were visited on September 20,
1994, by Gerard Nieters (NCDOT Biologist) and Darrell
Caldwell (NCDOT Engineer). These sites were located and
delineated. A brief description of each site is given below.
Please contact me if you have any questions, or need this
report copied onto disc format.
cc: V. Charles Bruton, PhD
M. Randall Turner, Environmental Supervisor
File: R-525E Greene County
*NOTE: All abbreviations and ratings are defined in
"Terminology Used", following the wetland
descriptions.
1) Soils: 10YR 5/2-3/2 Hydrological Evidence: Ors, Ls, Dp
Class: PF01C
Description: This wet depression is small in size with red
.maple (Acer rubrum), green ash (Fraxinus pennsvlvanica),
and black willow (Salix nigra) composing the canopy as
well as the understory. The herbaceous layer consists of
knotweed (Polyaonum sp.), lizard's tail (Saururus
cernuus), carex (Carex sp.), and morning glory (Ipomoea
sp.). Trumpet vine (Campsis radicans) was the dominant
woody vine found in the system.
Comments: Ephemeral depression
Approximate Area Impacted: 0.04 ha (0.10 ac) DEM Rating:
32

2} Soils: 10YR 4/2-6/2 Hydrological Evidence: Mb, Dp, Ors
Class: PF01C
Description: This mixed bottomland hardwood forest is
dominated by willow oak (Ouercus phellos), sweetgum
(Liquidambar stvraciflua), swamp chestnut oak (guercus
michauxii), black willow, and red maple in the canopy.
The shrub layer contains blueberry (Vaccinium sp.),
hawthorn (Crataegus marshalii), viburnum (Viburnum sp.),
ironwood (Carpinus caroliniana) and saplings of the canopy
species. Common herbaceous growth is lizard's tail, giant
cane (Arundinaria nigantea), southern lady,fern (Athyrium
asplenioides) and sphagnum moss (Sphagnum sp.).
Comments: Bottomland hardwood forest.
Approximate Area Impacted: 0.02 ha (0.05 ac) DEM Rating:
17.75
TERMINOLOGY USED
Class represents Fish and Wildlife Service's National Wetland
Inventory (NWI) classification:
System: P=Palustrine.
Class: Fo=Forested
1=Broad-leaved deciduous
Water Regime: Non-Tidal: C=Seasonally Flooded
Soils: Munsell soil color chart classification
Hydrological Evidence: Ors=Oxidized rhizospheres Mb=Multiple
tree boles Dp=Drainage pattern
S1=Stained leaf litter
DEM Rating was derived from the Third Version of the North
Carolina Division of Environmental Management Wetland Rating
System, May 1993. Score is based upon an evaluation scale of
100.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
W REPLY REFER TO April 6, 1992
Regulatory Branch
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?SFARC 8RQ''G? ,
Action ID. 199201491 and Nationwide Permit No. 23 (Approved Ca
Exclusions)
Mr. L. J. Ward
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
Reference your letter of March 6, 1992, regarding your plans to place fill
material in approximately 0.75 acre of Thompson Swamp Tributary wetlands
associated with construction of the U.S. Highway 264 Interchange at Farmville
Connector, Greene-Pitt Counties, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or in part, by another
Federal agency or department where that agency or department has determined,
pursuant to the CEQ Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
Office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
a ?
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
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the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified,-such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
* Sincerely,
e Wri t
Chie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker '
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney.
Water Quality Section
Division of Environmental Management
North Carolina Department of
f 'Environment, Health and
i Natural Resources
Post Office Box 27687
! Raleigh, North Carolina 27611-7687

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands-must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from-the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
:z rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal

.s zone management consistency concurrence must be obtained or waived.
_
"";. 11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
.-notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on"
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the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U. S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33. CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to.be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization. _
14. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
_ 15. Suitable'Material. No discharge of dredged or fill material may consist
-of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
'discharged must-be free from toxic pollutants in toxic amounts.
16." Mitigation., Discharges of dredged or fill material into waters of the
United'States.must`be minimized or avoided to the maximum extent practicable
Y at„the project site (i.e, on-site), unless the District .Engineer has approved'
?. =a compensatl " itigation plan for the'-specific regulated activity.
17 ;Spawning Areas Discharges in spawning areas during spawning seasons
mus.t,'be avoided to the maximum extent practicable.
18.+=,Obstructions of High Flows. To the maximum extent practicable, r:.~
discharges must not permanently restrict or impede the passage of normal or; '
r,=expected high flows or cause the relocation of the water (unless the primary;.
x purpose'of the fill is to impound waters).
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19. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned. to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should..all.or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management':at.least 90 days before the onset of the proposed activity.
STATE CONSISTENCY CONDITIONS
1. The applicant must provide a description of the proposed activity to the
..North-Carolina.-Division of Environmental Management.
2. •, Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North. Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all-lakes and reservoirs and 10 NTU's in trout waters).
3. If the proposed activity is within or has a potential'to significantly
affect any land or water use or natural resource of the North Carolina coastal
area, a consistency determination pursuant.to 15 CFR 930, Subpart C may be
required.
GENERAL CERTIFICATION CONDITIONS
1; Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written notification to the North Carolina .

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Division of Environmental Management of the extent of impact to waters and-
wetlands.
2. Six copies and the original shall be submitted to the North Carolina
Division of Environmental Management at the time of notification in accordance
with 15A NCAC 2H.0501(a).
3. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
4. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
5. If the project is not completed within three years from the date of the
first notification to the North Carolina Division of Environmental Management,
then the applicant will again need to notify the North Carolina Division of
Environmental Management.

II