RGP50 2020

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343

Regional General Permit No. SAW-2019-02350 (RGP 50)
Name of Permittee: North Carolina Department of Transportation
Effective Date: May 26, 2020
Expiration Date: May 25, 2025

DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT

A regional general permit (RGP) to perform work in or affecting navigable waters of the United
States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant
to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of
the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army
by the

District Commander
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343

TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS
OF THE UNITED STATES (U.S.), INCLUDING WETLANDS, ASSOCIATED WITH
MAINTENANCE, REPAIR, AND CONSTRUCTION PROJECTS CONDUCTED BY THE
VARIOUS DIVISIONS OF THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (NCDOT), INCLUDING THE NCDOT DIVISION OF HIGHWAYS,
RAIL, BICYCLE/PEDESTRIAN, ETC.

Activities authorized by this RGP:

a. (1) Road widening, and/or (2) construction, maintenance, and/or repair of bridges. For
bridge projects, work can include the approaches.

b. (1) Improvement of interchanges or intersections, or (2) construction of interchanges
or intersections over, or on, existing roads.
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Full descriptions/terms of “a” and “b”:

a. (1) Road widening, and/or (2) construction, maintenance, and/or repair of
bridges. For bridge projects, work can include the approaches.

Permanent impacts that result in a loss of waters of the U.S., excluding stream relocation(s),
must be less than or equal to 500 linear feet (lf) of stream and/or one (1) acre of wetland/open
water for each single and complete linear project.

Single and complete linear project. As noted in 33 CFR 330.2(i), for linear projects, the ‘‘single
and complete project’’ (i.e., single and complete crossing) will apply to each crossing of a separate
water of the U.S. (i.e., single waterbody) at that location; except that for linear projects crossing a
single waterbody several times at separate and distant locations, each crossing is considered a
single and complete project. However, individual channels in a braided stream or river, or
individual arms of a large, irregularly-shaped wetland or lake, etc., are not separate waterbodies
and crossing of such features cannot be considered separately.

Also authorized under “a”: (1) stream relocation(s) and (2) temporary impacts, such as those from
temporary structures, fills, dewatering, and other work necessary to conduct the activities listed
under “a”. Stream relocation(s) and temporary impacts will be evaluated independently and are
not limited to the permanent loss limits of 500 lf of stream and/or 1 acre of wetland/open water
(i.e., stream relocations and/or temporary impacts do not factor into these limits) for each single
and complete linear project; however, if the Corps determines that the proposed stream
relocation(s) and/or temporary impacts are of such magnitude that they cannot be authorized
under this section (“a”) of RGP 50, even if the permanent losses from road widening, and/or
construction, maintenance, and repair of bridges do not exceed the impact limits for this section
(“a”) of RGP 50, an Individual Permit will be required.

If the Corps determines, on a case-by-case basis, that the concerns for the aquatic environment so
indicate, he/she may exercise discretionary authority to override this RGP and require an Individual
Permit.

b. (1) Improvement of interchanges or intersections, or (2) construction of
interchanges or intersections, over or, on existing roads.

For activities authorized under “b”, the limits for permanent impacts that result in a loss of waters
of the U.S. depend on the location of the impacts, as described below:

• In the coastal plain of North Carolina (both inner coastal plain and outer coastal plain) -
permanent impacts that result in a loss of waters of the U.S., excluding stream relocation(s), must
be less than or equal to 1,000 lf of stream and/or 3 acres of wetland/open water for the entire
interchange or intersection project.
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• All other areas of North Carolina - permanent impacts that result in a loss of waters of the
U.S., excluding stream relocation(s), must be less than or equal to 1,000 lf of stream and/or 2 acres
of wetland/open water for the entire interchange or intersection project.

Coastal plain – See http://saw-reg.usace.army.mil/JD/LRRs_PandT.pdf for Land Resource Areas
LRRP (inner coastal plain) and LRRT (outer coastal plain).

When proposed impacts to waters of the U.S. are located both inside AND outside of the coastal
plain, the Corps will determine, based on the location(s) of proposed impacts to waters of the U.S.,
if a project is a “coastal plain project”.

Single and complete project. For permitting purposes, each interchange or intersection is
considered to be one single and complete project. For example, an interchange project cannot
result in a permanent loss (excluding stream relocation), of (1) greater than 1,000 lf of stream
and/or 3 acres of wetland/open water in the coastal plain OR (2) greater than 1,000 lf of stream
and/or 2 acres of wetland/open water in all other areas of North Carolina.

Approach fills may be considered to be part of an interchange or intersection project if the Corps
determines that inclusion of these areas meet the terms of this section (“b”) of RGP 50. Early
coordination with the Corps is encouraged.

Intersections, regardless of the mode of transportation (e.g., railroad, other roadways, etc.), may
be at grade or grade separated if the Corps determines that the project would meet the terms of
this section (“b”) of RGP 50. Early coordination with the Corps is encouraged.

Also authorized under “b”: (1) stream relocation(s) and (2) temporary impacts, such as those
from temporary structures, fills, dewatering, and other work necessary to conduct the activities
listed under “b”. Stream relocation(s) and temporary impacts will be evaluated independently and
are not limited to the permanent loss limits of (1) 1,000 lf of stream and/or 3 acres of
wetland/open water in the coastal plain OR (2) 1,000 lf of stream and/or 2 acres of wetland/open
water in all other areas of North Carolina (i.e., stream relocations and/or temporary impacts do
not factor into these limits) for each interchange or intersection project; however, if the Corps
determines that the proposed stream relocation(s) and/or temporary impacts are of such
magnitude that they cannot be authorized under this section (“b”) of RGP 50, even if the
permanent losses from improvement of interchanges or intersections, or construction of
interchanges or intersections over, or on, existing roads do not exceed the impact limits for this
section (“b”) of RGP 50, an Individual Permit will be required.

If the Corps determines, on a case-by-case basis, that the concerns for the aquatic environment so
indicate, he/she may exercise discretionary authority to override this RGP and require an Individual
Permit.

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1. Special Conditions.

a. The prospective permittee must submit a pre-construction notification (PCN) and
applicable supporting information to the District Engineer and receive written verification
from the Corps that the proposed work complies with this RGP prior to commencing any
activity authorized by this RGP.

b. If the project will not impact a designated “Area of Environmental Concern” (AEC)
in the twenty* (20) counties of North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) (“CAMA counties”), a consistency submission is not required. If the
project will impact a designated AEC and meets the definition of “development”, the
prospective permittee must obtain the required CAMA permit. Development activities shall not
commence until a copy of the approved CAMA permit is furnished to the appropriate Corps
Regulatory Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC
28403 or Washington Field Office – 2407 West 5th Street, Washington, NC 27889).

*The 20 CAMA counties in North Carolina include Beaufort, Bertie, Brunswick, Camden,
Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington.

c. No work shall be authorized by this RGP within the 20* CAMA counties without prior
consultation with the National Oceanic and Atmospheric Administration’s (NOAA) Habitat
Conservation Division. For each activity reviewed by the Corps where it is determined that the
activity may affect Essential Fish Habitat (EFH) for federally managed species, an EFH
Assessment shall be prepared by the prospective permittee and forwarded to the Corps and NOAA
Fisheries for review and comment prior to authorization of work.

d. Culverts and pipes. The following conditions [(1)-(8)] apply to the construction of
culverts/pipes, and work on existing culverts/pipes.

Additionally, if the proposed work would affect an existing culvert/pipe (e.g., culvert/pipe
extensions), the prospective permittee must include actions (in the PCN) to correct any existing
deficiencies that are located:

x At the inlet and/or outlet of the existing culvert/pipe, IF these deficiencies are/were caused
by the existing culvert/pipe, or

x Near the inlet or outlet of the existing culvert/pipe, IF these deficiencies are/were caused by
the existing culvert/pipe.

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These deficiencies may include, but are not limited to, stream over-widening, bank erosion,
streambed scour, perched culvert/pipes, and inadequate water depth in culvert(s). Also note if the
proposed work would address the existing deficiency or eliminate it – e.g., bank erosion on left
bank, but the culvert extension will be placed in this eroded area. If the prospective permittee is
unable to correct the deficiencies caused by the existing culvert/pipe, they must document the
reasons in the PCN for Corps consideration.

(1) No activity may result in substantial, permanent disruption of the movement
of those species of aquatic life indigenous to the waterbody, including those species that
normally migrate through the area. Measures will be included that will promote the safe
passage of fish and other aquatic organisms.

(2) The dimension, pattern, and profile of the stream above and below a
culvert/pipe shall not be modified by widening the stream channel or by reducing the depth of
the stream in connection with the construction activity. It is acceptable to use rock vanes at
culvert/pipe outlets to ensure, enhance, or maintain aquatic passage. Pre-formed scour holes are
acceptable when designed for velocity reduction. The width, height, and gradient of a proposed
opening shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. Spring flow will be determined from gauge data, if available.
In the absence of such data, bankfull flow will be used as a comparable level.

(3) Burial/depth specifications: If the project is located within any of the 20*
CAMA counties, culvert/pipe inverts will be buried at least one foot below normal bed
elevation when they are placed within the Public Trust AEC and/or the Estuarine Waters AEC
as designated by CAMA. If the project is located outside of the 20* CAMA counties,
culvert/pipe inverts will be buried at least one foot below the bed of the stream for
culverts/pipes that are greater than 48 inches in diameter. Culverts/pipes that are 48 inches in
diameter or less shall be buried or placed on the stream bed as practicable and appropriate to
maintain aquatic passage, to include passage during drought or low flow conditions. Every
effort shall be made to maintain the existing channel slope. A waiver from the burial/depth
specifications in this condition may be requested in writing. The prospective permittee is
encouraged to request agency input about waiver requests as early as possible, and prior to
submitting the PCN for a specific project; this will allow the agencies time to conduct a site visit,
if necessary, and will prevent time delays and potential project revisions for the prospective
permittee. The waiver will only be issued by the Corps if it can be demonstrated that the
impacts of complying with burial requirements would result in more adverse impacts to the
aquatic environment.

(4) Appropriate actions to prevent destabilization of the channel and head cutting
upstream shall be incorporated in the design and placement of culverts/pipes.

(5) Culverts/pipes placed within riparian and/or riverine wetlands must be
installed in a manner that does not restrict the flow and circulation patterns of waters of the
U.S. Culverts/pipes placed across wetland fills purely for the purposes of equalizing surface
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water do not have to be buried, but must be of adequate size and/or number to ensure
unrestricted transmission of water.

(6) Bankfull flows (or less) shall be accommodated through maintenance of the
existing bankfull channel cross sectional area in no more than one culvert/pipe or culvert/pipe
barrel. Additional culverts/pipes or barrels at such crossings shall be allowed only to receive
flows exceeding the bankfull flow. A waiver from this condition may be requested in writing;
this request must be specific as to the reason(s) for the request. The waiver will be issued if it
can be demonstrated that it is not practicable to comply with this condition.

(7) Where adjacent floodplain is available, flows exceeding bankfull will be
accommodated by installing culverts/pipes at the floodplain elevation. When multiple
culverts/pipes are used, baseflow must be maintained at the appropriate width and depth by the
construction of floodplain benches, sills, and/or construction methods to ensure that the
overflow culvert(s)/pipe(s) is elevated above the baseflow culvert(s)/pipe(s).

(8) The width of the baseflow culvert/pipe shall be comparable to the width of the
bankfull width of the stream channel. If the width of the baseflow culvert/pipe is wider than the
stream channel, the culvert/pipe shall include baffles, benches and/or sills to maintain the width
of the stream channel. A waiver from this condition may be requested in writing; this request
must be specific as to the reason(s) for the request. The waiver will be issued if it can be
demonstrated that it is not practicable or necessary to include baffles, benches or sills.

See the remaining special conditions for additional information about culverts/pipes in specific
areas.

e. Discharges into 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 during the period between February 15th and June
30th, without prior written approval from the Corps and the appropriate wildlife agencies
(NCDMF, NCWRC, and/or the National Marine Fisheries Service (NMFS)). Discharges into
waters of the U.S. designated by NCWRC as primary nursery areas in inland waters are prohibited
during the period between February 15th and September 30th, without prior written approval from
the Corps and the appropriate wildlife agencies. Discharges into waters of the U.S. designated by
NCDMF as primary nursery areas shall be coordinated with NCDMF prior to being authorized by
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this RGP. Coordination with NCDMF may result in a required construction moratorium during
periods of significant biological productivity or critical life stages.

The prospective permittee should contact:

NC Division of Marine Fisheries North Carolina Wildlife Resources Commission
3441 Arendell Street Habitat Conservation Division
Morehead City, NC 28557 1721 Mail Service Center
Telephone [phone] Raleigh, NC 27699-1721
or 800-682-2632 Telephone [phone]

f. This permit does not authorize the use of culverts in areas designated as anadromous
fish spawning areas by the NCDMF or the NCWRC.

g. No in-water work shall be conducted in Waters of the U.S. designated as Atlantic
sturgeon critical habitat during the periods between February 1st and 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 during the periods between February 1st and June 30th, and between August 1st to
October 31st, without prior written approval from NMFS.

h. Before discharging dredged or fill material into waters of the U.S. in designated trout
watersheds in North Carolina, the PCN will be sent to the NCWRC and the Corps concurrently.
See https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Trout.aspx for the designated trout watersheds. The PCN shall summarize
alternatives to conducting work in waters of the U.S. in trout watersheds that were considered
during the planning process and detail why alternatives were or were not selected. For proposals
where (1) a bridge in a trout stream will be replaced with a culvert, or (2) a culvert will be placed
in a trout stream, the PCN must also include a compensatory mitigation plan for all loss of stream
bed, and details of any on-site evaluations that were conducted to determine that installation of a
culvert will not adversely affect passage of fish or other aquatic biota at the project site. The
evaluation information must include factors such as the proposed slope of the culvert and
determinations of how the slope will be expected to allow or impede passage, the necessity of
baffles and/or sills to ensure passage, design considerations to ensure that expected baseflow will
be maintained for passage and that post-construction velocities will not prevent passage, site
conditions that will or will not allow proper burial of the culvert, existing structures (e.g., perched
culverts, waterfalls, etc.) and/or stream patterns up and downstream of the culvert site that could
affect passage and bank stability, and any other considerations regarding passage. The level of
detail for this information shall be based on site conditions (i.e., culverts on a slope over 3% will
most likely require more information than culverts on a slope that is less than 1%, etc.). Also, in
order to evaluate potential impacts, the prospective permittee will describe bedforms that will be
impacted by the proposed culvert – e.g., pools, glides, riffles, etc. The NCWRC will respond to
both the prospective permittee and the Corps.

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i. For all activities authorized by this RGP that involve the use of riprap material for
bank stabilization, the following measures shall be applied:

(1) Where bank stabilization is conducted as part of an activity, natural design,
bioengineering, and/or geoengineering methods that incorporate natural durable materials,
native seed mixes, and native plants and shrubs are to be utilized, as appropriate to site
conditions, to the maximum extent practicable.

(2) Filter cloth must be placed underneath the riprap as an additional requirement
of its use in North Carolina waters; however, the prospective permittee may request a waiver
from this requirement. The waiver request must be in writing. The Corps will only issue a
waiver if the prospective permittee demonstrates that the impacts of complying with this
requirement would result in greater adverse impacts to the aquatic environment. Note that filter
fabric is not required if the riprap will be pushed or “keyed” into the bank of the waterbody.

(3) The placement of riprap shall be limited to the areas depicted on submitted
work plan drawings.

(4) Riprap shall not be placed in a manner that prevents or impedes fish passage.

(5) Riprap shall be clean and free from loose dirt or any pollutant except in trace
quantities that will not have an adverse environmental effect.

(6) Riprap shall be of a size sufficient to prevent its movement from the
authorized alignment by natural forces under normal conditions.

(7) Riprap material shall consist of clean rock or masonry material such as, but
not limited to, granite, marl, or broken concrete.

j. Discharges of dredged or fill material into waters of the U.S., including wetlands, must be
minimized or avoided to the maximum extent practicable.

k. Generally, off-site detours are preferred to avoid and minimize impacts to the human
and natural environment; however, if an off-site detour is considered impracticable, then an on-
site detour may be considered as a necessary component of the actions authorized by this RGP.
Impacts from the detour may be considered temporary and may not require compensatory
mitigation if the impacted area is restored to pre-construction elevations and contours after
construction is complete. The permittee shall also restore natural hydrology and stream corridors
(if applicable), and reestablish native vegetation/riparian corridors. If the construction of a detour
(on-site or off-site) includes standard undercutting methods, removal of all material and
backfilling with suitable material is required. See special condition “s” for additional information.

l. All activities authorized by this RGP shall, to the maximum extent practicable, be
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conducted "in the dry", with barriers installed between work areas and aquatic habitat to protect
that habitat from sediment, concrete, and other pollutants. Where concrete is utilized, measures
will be taken to prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with waters of the U.S. until the concrete has set and cured. All water in the work
area that has been in contact with concrete shall only be returned to waters of the U.S. when it no
longer poses a threat to aquatic organisms (concrete is set and cured).

m. In cases where new alignment approaches are to be constructed and the existing
approach fill in waters of the U.S. is to be abandoned and no longer maintained as a roadway, the
abandoned fill shall be removed and the area will be restored to pre-construction elevations and
contours. The permittee shall also restore natural hydrology and stream corridors (if applicable),
and reestablish native vegetation/riparian corridors, to the extent practicable. This activity may
qualify as compensatory mitigation credit for the project and will be assessed on a case-by-case
basis in accordance with Special Conditions “q” and “r” in this document. Any proposed on-site
wetland restoration area must be void of utility conflicts and/or utility maintenance areas. A
restoration plan detailing this activity will be required with the submittal of the PCN.

n. 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 and storm water management activities, 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).

o. The project must be implemented and/or conducted so that all reasonable and
practicable measures to ensure that equipment, structures, fill pads, and work associated with the
project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but
are not limited to, channel instability, scour, flooding, and/or shoreline/streambank erosion.
During construction, the permittee shall routinely monitor for these effects, cease all work if/when
detected, take initial corrective measures to correct actively eroding areas, and notify the Corps
immediately. Permanent corrective measures may require additional authorization from the Corps.

p. All PCNs will describe sedimentation and erosion control structures and measures
proposed for placement in waters of the U.S. To the maximum extent practicable, structures and
measures will be depicted on maps, surveys or drawings showing location and impacts to
jurisdictional wetlands and streams. In addition, appropriate soil and erosion control measures
must be established and maintained during construction. All fills, temporary and permanent, must
be adequately stabilized at the earliest practicable date to prevent erosion of fill material into
adjacent waters or wetlands.

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q. Compensatory mitigation will be required for permanent impacts resulting in a loss of
waters of the U.S. due to culvert/pipe installation and other similar activities. Mitigation may be
required for stream relocation projects (see Special Condition “r” below). When compensatory
mitigation is required, the prospective permittee will attach a proposed mitigation plan to the
PCN. Compensatory mitigation proposals will be written in accordance with currently approved
Wilmington District guidance and Corps mitigation regulations, unless the purchase of mitigation
credits from an approved mitigation bank or the North Carolina Division of Mitigation Services
(NCDMS) is proposed to address all compensatory mitigation requirements. The Corps Project
Manager will make the final determination concerning the appropriate amount and type of
mitigation.

r. Stream Relocations (non-tidal only) - for the purposes of permitting, stream relocations
are considered a loss of waters of the U.S. Depending on the condition and location of (1) the
existing stream, and (2) the relocated channel, stream relocation(s) may provide a functional uplift.
The Corps will determine if an uplift is possible based on the information submitted with the PCN.
If the anticipated uplift(s) occurs, it may offset, either partially or fully, the loss associated with a
stream relocation(s) - (i.e., due to the uplift, either no compensatory mitigation would be required
for the stream relocation itself, or compensatory mitigation would be required at a reduced ratio).

Because the amount of potential uplift is dependent upon the condition (or quality) of the
channel to be relocated, there is no pre-determined amount of uplift needed to satisfy the
requirements for a successful relocation project. After performing the evaluation(s) noted in this
document, the prospective permittee will propose a certain amount of uplift potential and the Corps
project manager will make the final determination. Baseline conditions and subsequent monitoring
must show that the relocated channel is providing/will provide aquatic function at, or above, the
level provided by the baseline (pre-project) condition. If the required uplift is not achieved, the
work will not be in compliance with this special condition of RGP 50 and remediation will be
required through repair (and continued monitoring), or by the permittee providing compensatory
mitigation (e.g., mitigation credit through an approved bank, mitigation credit through NCDMS,
etc.).

Compensatory mitigation, in addition to the stream relocation activity, may be required if
the Corps determines that (a) no uplift in stream function is achievable, (b) the proposed uplift in
stream function is not sufficient, by itself, (c) the risks associated with achieving potential uplifts in
stream function are excessive, and/or (d) the time period for achieving the potential
uplifts/functional success is too great.

On-site compensatory mitigation is not the same as stream relocation. While stream
relocation simply moves a stream to a nearby, geographically similar area, it does not generate
mitigation credits. If NCDOT proposes to generate compensatory mitigation on a project site,
NCDOT must submit a mitigation plan that complies with 33 CFR 332.4.

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The prospective permittee is required to submit the following information for any
proposed project that involves stream relocation, regardless of the size/length of the stream
relocation (note that 1-5 below only apply to stream relocations and not to compensatory
mitigation):

(1) A statement detailing why relocating the stream is unavoidable. In order to ensure that
this action is separate from a compensatory mitigation project, the need for the fill must
be related to road/interchange/intersection construction or improvement, and the project
must meet the requirements set forth in the full descriptions/terms of “a” and “b” on
pages 2 and 3 of this permit.

(2) An evaluation of effects on the relocated stream and buffer from utilities, or potential
for impact from utility placement in the future.

(3) An evaluation of the baseline condition of the stream to be relocated. In order to
demonstrate a potential uplift, the prospective permittee must provide the baseline (pre-
impact) condition of the stream that is proposed for relocation. The prospective
permittee will document the baseline condition of the stream by using the Corps’
(Wilmington District’s) current functional assessment method - e.g., the North Carolina
Stream Assessment Method (NCSAM). The functional assessment must be used to
identify specific areas where an uplift would reasonably be expected to occur, and also
show important baseline functions that will remain after the relocation.

(4) An evaluation of the potential uplifts to stream function for the relocated channel. The
amount of detail required in the plan will be commensurate with the functional capacity
of the original stream and proposed uplift(s). Low functional capacity will warrant less
monitoring and less detail in the plan in order to ensure that the relocated channel
provides the same, or better/increased, suite of aquatic functions as the existing channel.

(5) A proposed monitoring plan for the relocated channel (and buffer, if applicable), will be
prepared in accordance with current District guidance. The level of detail needed in the
plan will be directly related to the quality of baseline functions and the anticipated
uplift, therefore it is recommended that a pre-application discussion occur with the
Corps Project Manager as early as possible. For example, if the risk for achieving the
anticipated functional uplift is moderate or low, or if there is a low amount of proposed
uplift, less information and monitoring will be required in the proposed relocation plan;
similar to the requirements found in the "2003 Stream Mitigation Guidelines". If the
risk for uplift is higher, or if there is a high amount of proposed uplift, additional
monitoring and information will be required, trending toward the prescriptions found in
the most recent Wilmington District Compensatory Mitigation Guidance – e.g., the
2016 Wilmington District Stream and Wetland Compensatory Mitigation Update. All
monitoring will be for at least 5 years unless the Corps project manager determines that
(a) a specific project requires less than 5 years due to site conditions or limited
risk/uplift potential, and/or complexity (or simplicity) of the existing channel and/or the
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relocation work, or (b) the Corps project manager determines (during the monitoring
period) that the 5 years of monitoring may be reduced (or that no further monitoring is
required) based on monitoring information received once the stream relocation has been
completed.

s. Upon completion of any work authorized by this RGP, all temporary fills (to include
culverts, pipes, causeways, etc.) will be completely removed from waters of the U.S. and the
areas will be restored to pre-construction elevations and contours. The permittee shall also
restore natural hydrology and stream corridors (if applicable), and reestablish native
vegetation/riparian corridors. This work will be completed within 60 days of completion of
project construction. If this timeframe occurs while a required moratorium of this permit is in
effect, the temporary fill shall be removed in its entirety within 60 days of the moratorium end
date. If vegetation cannot be planted due to the time of the year, all disturbed areas will be
seeded with a native mix appropriate for the impacted area, and vegetation will be planted
during the next appropriate time frame. A native seed mix may contain non-invasive small grain
annuals (e.g. millet and rye grain) to ensure adequate cover while native vegetation becomes
established. The PCN must include a restoration plan showing how all temporary fills and
structures will be removed and how the area will be restored to pre-project elevations and
contours.

t. Once the authorized work in waters of the U.S. is complete, the permittee shall sign and
return the compliance certificate that is attached to the RGP verification letter.

u. The District Engineer will consider any comments from Federal and/or State agencies
concerning the proposed activity's compliance with the terms and conditions of this RGP.

v. The Corps may place additional special conditions, limitations, or restrictions on any
verification of the use of RGP 50 on a project-by-project basis.

2. General Conditions.

a. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place within waters or wetlands,
at any time during construction or maintenance of the project. This permit does not authorize
temporary placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities connected
with the project.

b. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.

c. All work authorized by this RGP must comply with the terms and conditions of the
applicable CWA Section 401 Water Quality Certification for this RGP issued by the North
Carolina Division of Water Resources (NCDWR).
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d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside of the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).

e. The activities authorized by this RGP must not interfere with the public’s right to free
navigation on all navigable waters of the U.S. No attempt will be made by the permittee to
prevent the full and free use by the public of all navigable waters at, or adjacent to, the authorized
work for a reason other than safety.

f. The permittee understands and agrees that if future operations by the U.S. 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, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S.
on account of any such removal or alteration.

g. The permittee, upon receipt of a notice of revocation of this RGP for the verified
individual activity, may apply for an individual permit, or will, without expense to the U.S. and
in such time and manner as the Secretary of the Army or his/her authorized representative may
direct, restore the affected water of the U.S. to its former conditions.

h. This RGP does not authorize any activity that would conflict with a federal project’s
congressionally authorized purposes, established limitations or restrictions, or limit an agency’s
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority. Permittees shall not begin the activity authorized by this
RGP until notified by the Corps that the activity may proceed.

i. The permittee shall obtain a Consent to Cross Government Easement from the
appropriate Corps District’s Land Use Coordinator prior to any crossing of a Corps easement
and/or prior to commencing construction of any structures, authorized dredging, or other work
within the right-of-way of, or in proximity to, a federally designated disposal area.

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j. The permittee will allow the Wilmington District Engineer or his/her representative
to inspect the authorized activity at any time deemed necessary to ensure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.

k. This RGP does not grant any property rights or exclusive privileges.

l. This RGP does not authorize any injury to the property or rights of others.

m. This RGP does not authorize the interference with any existing or proposed federal
project.

n. In issuing this permit, the Federal Government does not assume any liability for the
following:

(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.

(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the U.S. in the public interest.

(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.

(4) Design or construction deficiencies associated with the permitted work.

(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.

o. Authorization provided by this RGP may be modified, suspended or revoked in whole,
or in part, if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension, or
revocation of this authorization will not be the basis for any claim for damages against the U.S.
Government.

p. No activity may occur in a component of the National Wild and Scenic Rivers 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 designation or study status. 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, etc.).
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q. Endangered Species.
(1) No activity is authorized under this RGP 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 this RGP which “may affect” a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.

(2) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal prospective permittees (and when FHWA is the lead federal
agency) must provide the District Engineer with the appropriate documentation to demonstrate
compliance with those requirements. The District Engineer will review the documentation and
determine whether it is sufficient to address ESA compliance for the RGP activity, or whether
additional ESA consultation is necessary.

(3) Non-federal prospective permittees - for activities that might affect federally-
listed endangered or threatened species or designated critical habitat, the PCN must include the
name(s) of the endangered or threatened species that might be affected by the proposed work or
that utilize the designated critical habitat that might be affected by the proposed work. The
District Engineer will determine whether the proposed activity “may affect” or will have “no
effect” to listed species and designated critical habitat. In cases where the non-federal
prospective permittee has identified listed species or critical habitat that might be affected or is
in the vicinity of the project, and has so notified the Corps, the prospective permittee shall not
begin work until the Corps has provided notification that the proposed activities will have “no
effect” on listed species or critical habitat, or until Section 7 consultation has been completed.

(4) As a result of formal or informal consultation with the U.S. Fish and
Wildlife Service (USFWS) or NMFS, the District Engineer may add species-specific
endangered species conditions to the RGP verification letter for a project.

(5) Authorization of an activity by a RGP 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 USFWS or the NMFS, the ESA prohibits any person subject to the
jurisdiction of the U.S. 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.

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(6) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the USFWS in North Carolina at the
addresses provided below, or from the USFWS and NMFS via their world wide web pages at
http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html
respectively.

USFWS offices in North Carolina:

The Asheville USFWS Office covers all NC counties west of, and including, Anson, Stanly,
Davidson, Forsyth and Stokes Counties.

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

The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]

r. The Wilmington District, USFWS, NCDOT, and the FHWA have conducted
programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat 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 RGP 50 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 RGP 50.
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
RGP 50. If the terms and conditions of a specific PBO (or PBOs) apply to a project, the Corps will
include this/these requirements in any RGP 50 verification that may be issued for a project. The
USFWS is the appropriate authority to determine compliance with the terms and conditions of its
PBO, and with the ESA.

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s. Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and
the U.S. Fish and Wildlife Service. See http://www.saw.usace.army.mil/Missions/Regulatory-
Permit-Program/Agency-Coordination/ESA/ . This SLOPES details how the Corps will make
determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT
project that is located in the western 41 counties of North Carolina. This SLOPES does not address
NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note
that if another federal agency is the lead federal agency for a project in the western 41 counties,
procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that
agency and will not be applicable for consideration under the SLOPES; however, information that
demonstrates the lead federal agency’s (if other than the Corps) compliance with Section 7(a)(2) /
4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of RGP 50,
the federal listing status of the NLEB as “Threatened” is being litigated at the National level. If, as
a result of litigation, the NLEB is federally listed as “Endangered”, this general condition (“s”) will
no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer apply/be
valid.

t. For proposed activities the sixteen (16) counties listed below, prospective permittees
must provide a copy of the PCN to the USFWS, 160 Zillicoa Street, Asheville, North Carolina
28801. This PCN must be sent concurrently to the USFWS and the Corps Project Manager for
that specific county.

The 16 counties with tributaries that drain to designated critical habitat that require notification
to the Asheville USFWS are: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson,
Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and
Yancey.

u. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and
Wildlife Service and/or National Marine Fisheries Service.

v. Historic Properties.

(1) In cases where the District Engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register of
Historic Places (NRHP), the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied.

(2) Federal prospective permittees (or when FHWA is the lead federal agency)
should follow their own procedures for complying with the requirements of Section 106 of the
NHPA. Federal prospective permittees must provide the District Engineer with the appropriate
documentation to demonstrate compliance with those requirements; this includes copies of
correspondence sent to all interested, federally recognized tribes and a summary statement about
18
tribal consultation efforts or, if the Corps enters into a Programmatic Agreement (PA) with the
FHWA/NCDOT, documentation that the FHWA/NCDOT has complied with PA requirements.
The District Engineer will review the documentation and determine whether it is sufficient to
address Section 106 compliance for this RGP activity, or whether additional Section 106
consultation is necessary.

(3) Non-federal prospective permittees - the PCN must state which historic
properties may be affected by the proposed work 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
resources can be sought from the State Historic Preservation Officer (SHPO) and/or Tribal
Historic Preservation Officer (THPO), as appropriate, and the NRHP (see 33 CFR 330.4(g)).
When reviewing PCNs, the District Engineer will comply with the current procedures for
addressing the requirements of Section 106 of the NHPA. The District Engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the District Engineer
shall determine whether the proposed activity has the potential to cause an effect on the historic
properties.

(4) Section 106 consultation is not required when the Corps determines that the
activity does not have the potential to cause effects on historic properties (see 36 CFR
§800.3(a)).

(5) Section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from
granting a permit or other assistance to a prospective permittee 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 will 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 prospective permittee. 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 prospective permittee, 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.

w. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this general permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
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x. Permittees are advised that development activities in or near a floodway may be subject
to the National Flood Insurance Program that prohibits any development, including fill, within a
floodway that results in any increase in base flood elevations. This general permit does not
authorize any activity prohibited by the National Flood Insurance Program.
y. The permittee must install and maintain, at his/her expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For
further information, the permittee should contact Coast Guard Sector North Carolina at (910) 772-
2191 or email Coast Guard Fifth District at [e-mail].
z. The permittee must maintain any structure or work authorized by this general permit in
good condition and in conformance with the terms and conditions of this general permit. The
permittee is not relieved of this requirement if the permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this general permit will automatically
transfer this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
aa. At his or her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.

bb. Except as authorized by this general permit or any Corps approved modification to
this general permit, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be
used.

cc. Except as authorized by this general permit or any Corps approved modification to this
general permit, all excavated material will be disposed of in approved upland disposal areas.

dd. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in effect at
the time the activity was completed continue to be authorized by the general permit.

ee. The permittee is responsible for obtaining any “take” permits required under the
USFWS’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and
Golden Eagle Protection Act. The permittee should contact the appropriate local office of the
USFWS to determine if such “take” permits are required for a particular activity.

20

ff. The activity must comply with applicable FEMA approved state or local floodplain
management requirements.

gg. There will be no unreasonable interference with navigation or the right of the
public to riparian access by the existence or use of activities authorized by this RGP.

hh. Unless authorization to fill those specific wetlands or mudflats has been issued by
the Corps, heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.

ii. This RGP will not be applicable to proposed construction when the Wilmington
District Engineer determines that the proposed activity will significantly affect the quality of
the human environment and determines that an EIS must be prepared.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

Robert J. Clark
Colonel, U. S. Army
District Commander
CLARK.ROBERT.J
AMES.10189013
03
Digitally signed by
CLARK.ROBERT.JAMES.1018
901303
Date: 2020.05.26 14:50:28
-04'00'