WQ0045069_Application (FTSE)_20240110

TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TRANSMITTAL
TO: NCDEQ DWR - Fayetteville Regional Office
Date: 118/2024 Job #: 549-
225 Green Street Suite 714
Fa etteville NC 28301 Project: Matthews Landing Ph 282C
Reference:
Copies Sent To:
❑ ENCLOSED PLEASE FIND:
❑ WE ARE SENDING UNDER SEPARATE COVER:
COPIES DATE NUMBER
1 1 DESCRIPTION Z
Fast Track Sewer Application (Intl. Flow Acceptance Form/ o
1 Certification Statement
1 2 Flow Trackin I for Sewer Extension A cations 7-5 C9
li
1 3 check for $600 °
1 4 Project Narrative
1 5 USGS ma LL
1 6 Vicinit Ma
7 401/404 Permittin a
o '^
THESE ITEMS ARE TRANSMITTED:
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If enclosures are not as noted, please notify us at once.
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COMMENTS: a
Feel free to contact me with an �
y questions at 919-866-4934 or Sean. heinCa7timmons tom N
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Thank you, DWIDWR E
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Sean Hein JAN 1 0
Project Manager /gy
WQROS b
�AYET rEVILLE REG10NAt OFFICE
SIGNED:71
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DWR
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 10-23 & SUPPORTING DOCUMENTATION
Application Number: v 000gri'[l2j (to be completed by DWg)
All items roust be com Ieted or the a ►ication will be returned
APPLICANT INFORMATION:
1. Applicant's name: HamettRegional Water (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual
❑ Corporation ❑ General Partnership
❑ Federal ❑ State/Coun
ty ® Municipal
3. Signature authori
ty's name: Steve Ward per 15A NCAC 0�p106(b)
Title: Director
4. Applicant's mailing address: 700 McKinney y play
City: LillinAton State: NC
Zip: 27546-_
5. Applicant's contact infonnation:
Phone number: (91, 893-7575 Email Address: sward(alha_�ett org
II. PROJECT INFORMATION:
1. Project name: Matthews Landing phase 2B 2C
2. Application/Project status;
® Proposed (New Permit
❑ Privately -Owned public Utility
❑ Other
�AYE77�ip/►NQRoNR (0MCE
If a modification,') ❑ Existing Permit/Project
provide the existing permit number: WQOO__ and issued date:
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: WQ00_
3. County where project is located: Harnett
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.478241 ° Longitude:-78.807490°
5. Parcel ID (if applicable): 06520652�89 (or parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
I. Professional Engineer: Allison License Number: NC-053562
Firm: Timmons
Mailing address: 5410 Trinitvgoad, Suite vn
City: Raleigh State: NC ip:07-_
Phone number: 919 866-4518 Email Address: allison stoneCeliimmons com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
I. Facility Name: Hamett COnmuRek,,g WWTp
Owner Name: Harnett Regional Permit Number: NC0088366
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): W00028647
2. Downstream (Receiving) Sewer Information: 42 inch
3. System Wide Collection System ® Gravity ❑ Force Main Permit Number(s) (if applicable): WQCS000166
OwnerName(s): Harnett Regional Water
FORM: FTA 10-23
Page I of 5

VI.
GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No M N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM. DFV j been attached?
❑ Yes [:]No M N/A
3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0I 15(c) been attached?
❑ Yes ❑ No M N/A
4. Origin ofwastewater: (check all that apply):
® Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Switmuing Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100'% Domestic % Commercial _ % Industrial (See 15A NCAC 02T .0103L20 ))
If Industrial, is there a Pretreatment Program in effect'? ❑ Yes❑ No
6. Has a flow reduction been approved under 15A NCAC 02T .0114Ltj? ❑ Yes M No
➢ If yes provide a cop% of flow reduction approval letter with this art:lication
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0I14(f)) I
Daily Design Flow `b No. of Units Flow
a See 15A NCAC 02T .01 14(b) (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 45.000 GPD (per 15A NCAC 02T_ 0114 and G.S. 143-215.1 )
.> Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ Pump Slation/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timefiame for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Dale:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 10-23 Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.0305 & MDC (Gravity Sewers):
I . Summarize gravity sewer to be pennitted:
size (inches) i Length (feet)
8 7,373
8 3,359
Material
—SDR-35 PVC
C900 PVC
t - i
SDR-26 PVC
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
Section III contains information related to minimum slopes for gravity sewer(s)
Oversizing lines to meet minimum slope requirements is not allowed and a violation of the bIDC
Vlll. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC IPumu Stations/Force Mains 1:
PROVIDE A SEPARATE COPY OF THIS_PAGE FOR EACH _PUMP _ST_ATIO_N INCL_UDE_D_IN_ THIS PROJECT
I. Pump station number or name: -- --
2. Approximate Coordinates (Decimal Degrees): Latintde:
- .— --_ Longitude: -_.. _
3. Total n ntber of pwnps at the pump station: _
3. Design flow of the pump station: _ millions gallons per day (firm capacity)
➢ This should reflect the total GPM for the pump station with the largest pomp out of service.
4. Operational point(s) per punip(s): _ gallons per minute (GPM) at _ feet total dynamic head (TDH)
5. Summarize the force main to be pennitted (for this Pump Station):
Size (inches) i Length (feet) Material
If any portion of the force main is less than 4 mclies in diameter, please identify the method of solids reduction per
MDCPSFM Section 2 01 C.l.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ElOther (please specify)
6. Power reliability in accordance with 15A NCAC 02T .0305(hJ( lj:
❑ Standby power source or ❑ Standby pump
Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B):
Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
Must be permanent to facility and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)( I ye):
❑ Portable power source with manual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23
Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)):
I. Does the project comply with all separations/alternatives found in 15A NCAC 02T .03-05.(t) & (? ® Yes ❑ No
15A NCAC 02T.03050). contains minimum separations that shall be provided for sewer systems:
Setback Parameter*
Separation Required
_ _
Stonn settlers and other utilities not listed below (vertical)
18 inches
'-Water mains (vertical - water over sewer preferred, including in benched trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
1 18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class I or
Class 11 impounded reservoirs used as a source of drinking water, and associated wetlands.
1 100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from nonnal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
**Any other stream. lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
I 5 feet
Any swimming pools -- -
10 feet
Final earth grade (vertical)
36 inches
➢ If noncompliance with 02T.0305(f) or (,g), see Section XI of this application
* 15A NCAC 02T.03051g1 contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes"
above if these alternatives are used and provide narrative information to explain.
**Stream classifications can be identified using the Division's NC Surface Water Classifications
webpaa_e
2. Does this project comply with the minimum separation requirements for water maims? ® Yes ❑ No ❑ N/A
If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft sparation requirentents for situations where separation cannot be met.
No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: _ ®No
If yes, does the project comply with setbacks found in the river basin rules per I SA NCAC.02B .0200? ❑ Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes ❑ No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with 15A NCAC 02T.0105(e )t61(additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T.0105n16y directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this pemtit is contingent on issuance of dependent permits (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No
Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streatmbanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5

X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T. the Minimum Design Criteria for the Permitting of Pomp Stations
and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If no, for projects requiring a single variance, complete and submit the Variance/Altemative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
2. Professional Engineer's Certification:
I, Mli5ovi Shot 1 fL , attest that this application for MCiF4Wws Loyidiyi j'�h Z132G
(Professional Engineer's name from Application Item III.1.) (Project Name from Application m ll.l)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
1
North Carolina Professional Engineer's seal, signature, and date: �HCAlZO
.`� .... S..
EAL v� -
053562 _
3. Applicant's Certification per 15A NCAC 02T .0106(b):
I, Steve Ward, Utilities Director attest that this application for Matthews Landing Phases 2B 2C
(Signature Authority Name from Application Item 1.3.) (Project Name from Application Item 11.1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application
package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: /' — 1 y
ep —
FORM: FTA 10-23 Page 5 of 5

State of North Carolina
Department of Environmental Quality
Division of Water Resources
DIvlston of Wate Resource< Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: _Harnett Regional Water
Project Name for which flow is being requested: Grove at Mathews Landing 2B and 2C
More than one ME maybe required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: North Harnett Regional WWTP
b. WWTP Facility Permit #: NC0021636
A11 flows are in MGD
c. WWTP facility's permitted flow
7.5 MGD
Fuquay-Varina Allocated Flow
2.60 MGD
Lillington Allocated Flow
1.20 MGD
Angier Allocated Flow
1.008 MGD
d. Estimated obligated flow not yet tributary to the WWTP 3.283 MGD
FV Obligated Flow NYT 0.461 MGD �a����
Lillington Obligated Flow NYT 0.393 MGD
HC Obligated Flow NYT
Angier Obligated Flow NYT
e. WWTP facility's actual avg. flow
FV Actual Flow
Lillington Actual Flow
HC Actual Flow
Angier Actual Flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
FV Actual Avg. + Obligated Flow
Lillington Actual Avg. + Obligated Flow
HC Actual Avg. + Obligated Flow
Angier Actual + Obligated Flow
h. Percent of permitted flow used
1.520 MGD JAN j 0
0.909 MGD T
5.3751�n S
1.493 MG1) ~�nl"FRFr_tnNAI OFFICE
0.597 MGD
2.568 MGD
0.717 MGD
0.045 MGD (HC)
8.703 MGD
1.954 MGD
0.990 MGD
4.133 MGD
1.626 MGD
116.04%*
*A PER to expand the NHRWTTP treatment capacity has been completed and design of the
expansion is currently underway.
Page I of 3
FTSE 06-13

H. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the W WTP:
(A)
(B)
(C)
N;—(B+C)
(E)=tA-D)
Design
Obligated,
Pump
Average Daily
Approx.
Not Yet
Total Current
Station
Firm
Flow**
Current Avg.
Tributary
Flow Plus
(Name or
Capacity, *
(Firm / pO,
Daily Flow,
Daily Flow,
Obligated
Available
Number)
MGD
MGD
MGD
MGD
Flow
Capacity***
SLS-120
14.4
5.760
3.367
2.395
5.762
-0.002
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pi) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the W WTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): North Hamett Regional W WTP
Downstream Permit Number: NC0021636
III. Certification Statement:
I Steve Ward, Utilities Director certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation of
the planned improvements identified in the planning assessment where applicable. This analysis
has been performed in accordance with local established policies and procedures using the best
available data. This certification applies to those items listed above in Sections I and II plus all
attached planning assessment addendums for which I am the responsible party. Signature of this
form indicates acceptance of thyq wastewater flow.
/— ),Ay
Date
Page 2 of 3
FTSE 06-13

PLANNING ASSESSMENT ADDENDUM (PAA)
Submit a planning assessment addendum for each pump station listed in Section II where Available
Capacity is <0.
Pump Station (Name or Number): SLS-120
Given that:
The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for
41.58 Ko and 2.395 MG fD oo�the Available Capacity (E) in Pump Station
SLS-120 ; and that
1fie rate of activation of this obligated, not vet tributary capacity is
• A funded Canital Proiect that will nmvide the mnnired nlanneri rAnnrity homely
TBD
is in design or under construction with
tanned completion 7m
TBD
; and/or
• I he tollowma annhew
The Town of Angier is currently starting process to modify permits to use 75-gpd
r bedroom to reduce its NYT flows, which will correspondingly reduce NYT flow
at SLS-120. Additionally, HRW has received earmarked funding for a regional
project to divert some flow form SLS-120 to a direct manifold to the SLS-120
i forcemain. The project is banned for the 2025-2026 fiscal year.
Therefore:
Given reasonably expected conditions and planning information, there is sufficient justification to
allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the
system infrastructure.
I understand that this does not relieve the collection system owner from complying with G.S. 143-
215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste
disposal system.
/- J-- at/
Date
Page 3 of 3
FTSE 06-13

TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
PROJECT NARRATIVE
Project Name:
Matthews Landing Phases 2B 2C
Location:
Harnett Central Road, Lillington, Harnett County, NC
Owners:
Matthews Landing Development, LLC
4925 Greenville Avenue
Dallas, TX 75206
Developer:
Matthews Landing Development, LLC
I lt(;t�VtU
Greenville Avenue
Dallas,
Dallas, TX 75206
DE01DWR
W YY
Consultant:
Timmons Group
JAN 10 a0a4
Allison Stone, PE
5410 Trinity Road, Suite 102
Raleigh, NC 27607
WQROS
_
Phone: [phone] AYETTFIIII I FRFrInnIAI OFFICE
PROJECT DESCRIPTION
AND NARRATIVE:
The proposed project is inside the Town of Lillington jurisdictional limits and is located on
Harnett Central Road, East of the intersection with US Highway 401. The scope of this project
will include the construction of a total of 385 residential lots (298 single-family detached homes,
87 townhomes) and associated roads. This permit intends for the allowable maximum of 200
single-family detached homes per Harnett County. Another permit will follow once this is
approved for the remainder 185 residential lots.
The proposed public sewer extension will provide domestic service to Matthews Landing
Phases 2B 2C subdivision on a 102.94-acre total tract of land in Lillington, Harnett County, NC.
Phase 2B is 48.04-acres and Phase 3C is 54.90-acres.
Development Flow Rate: 45,000 gpd
(200) residential units ® 75 gpd/unit (assuming 3-bedroom units)
401/404 Permitting
401- DWR# 20211300
404 - SAW-2021-01496
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SCALE 1:24 000
1 0.5 0 KILOMETERS 1 2
r�
1000 500 0 METERS 1000 2000
1 0.5 0 1
MILES
1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000
FEET
CONTOUR INTERVAL 10 FEET
NORTH AMERICAN VERTICAL DATUM OF 1988
This map was produced to conform with the
National Geospatial Program US Topo Product Standard.
NOH
�1
IN
NA
gUAD WGU LOCATION
1 Cokesbury
1 2 3 2 Fuquay-Varina
3 Angier
4 5 4 Manners
5 Coats
6 Anderson Creek
6 7 8 7 eunnlevel
8 Erwin

Matthews Landing Phase 2B 2C
VICINITY MAP
SCALE 1" = 500'
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JAN ) p
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
John O. Brown
1533 Grosse Point Drive
Middleton, WI 53562
Patricia Matthews Burnette
2001 Fairview Way
Greenville, NC 27850
Wayne Senter
6509 Whitted Rd.
Fuquay Varina, NC 27526
NORTH CAROLINA
Environmental Quality
October 26, 2021
Subject: Approval of Individual 401 Water Quality Certification
Matthews Landing
USACE Action ID. No. SAW-2021-1496
Dear All:
DWR # 20211300
Harnett County
�
arzvlowk
JAN ) p acaq-
FAYETIE v►tWQRO()NA1 nF:f:lr
Attached hereto is a copy of Certification No. WQC004512 issued to John O. Brown, Patricia
Matthews Burnette and Wayne Senter, dated October 26, 2021. This approval is for the purpose
and design described in your application submitted on August 27, 2021 with fee received on
September 2, 2021. 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 notify the 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
North Carolina Department of Fnvuomn,ntal Quality I Division of Water Resources
aam :—D_E Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
-;Wj 910.433.3300

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.
If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Fayetteville 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 pertrlittee shall report to the Fayetteville Regional Office any noncompliance with, and/or
any violatio( of, stream or wetland standards [15A NCAC 02B .02001 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. 143-215.51.
This Certification can be contested as provided in Chapter 150E 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 150E 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].
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
D Q��
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Chad Turlington at [phone] or
[e-mail] if you have any questions or concerns.
Sincerely,
DocuSpne by;
effl1BTSWmB
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
cc: Ian McMillan —Sage Ecological Services (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville. North Carolina 28301
rvu�..n„E..,,...,..„�� /✓ 910.433.3300

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004512 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 0213.0200, to John O. Brown, Patricia Matthews Burnette and
Wayne Senter, who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on August 27, 2021.
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
Wetland Impact 1
0.008 (acres)
0.001 (acres)
Wetland Impact 2
0.001 (acres)
0.001 (acres)
Perennial Stream Impact 1
135 (linear feet)
5 (linear feet)
Perennial Stream Impact 1
(rip rap)
28 (linear feet)
(permanent impact, no
permanent loss)
(linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a);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. 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.
ef Eft E �
a.p
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
910.4333300

2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a);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. 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.
Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State
Regulated Riparian Buffer Rules (15A NCAC 026 .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H .0502(a);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. 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. Because the stormwater management plan reviewed by the Town of Lillington under their
Water Supply Watershed ordinance is being used to meet stormwater requirements on
this project, you are required to submit a digital copy of the approved stormwater
management plan (SMP) including plan details on scaled plan sheets with proof of Town
of Lillington approval. The approved SMP shall be submitted to Chonticha McDaniel of the
DWR 401 and Buffer Permitting Branch ([e-mail]) before any
impacts authorized in this certification occur. After it is approved, the SMP may not be
modified without prior written authorization from the Town of Lillington. If modified, a
digital copy of the approval letter and the modified SMP shall also be submitted to the
DWR 401 & Buffer Permitting Branch (at the email address above) prior to the
commencement of the modifications.
D ER O% North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

Citation: (15A NCAC 02H .0506(b) and 0507(c)]
Justification: In order to protect against impairment of water quality standards and best
usage of receiving and downstream waters, water quality based management practices
must be employed to protect against direct or indirect discharge of waste or other sources
of water pollution. 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. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state's ontidegradation 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.
5. The permittee shall report to the DWR Fayetteville 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 .0506(b); 15A NCAC 02H .0507(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.
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.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 0211.0507(c); 15A NCACO2B .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.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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
028.0231
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
North Carolina Department of Environmental Quality I Division of Water Resources
D_E �� Fayetteville Reglonal Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 2a301
^�a F^wa^^�^W�^�r 910.4333300

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. 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 manner to 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 028.0200; 15A NCAC
020.0231
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.
10. 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: 15ANCACO2H.0507(c); N.C.G.S143-215.85(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
North Carolina Department of Environmental Quality I Division of Water Resources
D_E Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
amp\ 910.433.3300

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.
11. 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 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 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.
12. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit 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: 15A NCAC 02H .0506(b); 15A NCAC 02H .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.
13. 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 02H .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
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.
14. 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
North Carolina Department of Environmental Quality I Division of Water Resources
_E, Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville. North Carolina 28301
a+n�r 910.433.3300

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 diameter for 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 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)
North Carolina Department of Environmental Quality I Division of Water Resources
D_E Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
X��;' r 910.433.3300

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. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
15. All sewer lines shall be designed, constructed and maintained in accordance with Title
15ANCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative
Design Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure
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.
16. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
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. 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.
17. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank).
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. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Q Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

18. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide. For construction corridors
in wetlands and across stream channels, stumps shall be grubbed only as needed to install
the utility, and remaining stumps shall be cut off at grade level. The general stripping of
topsoil within wetlands along the construction corridor is prohibited.
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. 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.
20. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide.
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. 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.
21. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

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.
Citation: 15A NCAC 021-1.0506(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. 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.
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 26th day of October, 2021
DacuSgnM i
by-
-� l
6111AIM28..
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
D_E Q" North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Reglonal Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
arir
a*^^^�•�^^-^+^m a+�r 910.433.3300

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
DWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.
Date
North Carolina Department of Environmental Quality I Division of Water Resources
D_E Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
oNO"..:,.+«= -w.mN 0 ' 91o.a33.3300

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01496 County: Harnett U.S.G.S. Quad: NC-Lillineton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFIWIVIVtti
Permittee: Patricia Burnette: Wayne Seater: John Brown uQ'�WR Address: 2001 Fairview Wav U YY
Greenville, NC 27858
Telephone Number: 252-531-4290 JAN 1 Q oQb a4
E-mail: burnettepna email.com: iobrownb(ii mindsprjne.com
Size (acres) —355-acres Nearest Town Kioline AyF�rffWQROS
Nearest Waterway Neills Creek River Basin Cape Fear fRMQf (SCE
USGS HUC 03030004 Coordinates Latitude: 35.4765
Longitude:-78.8053
Location description: The project site is located on multiple parcels (PINS: 0652-89-3667.000; 0652-69-7689.000: 0652-68-
5039.000; 0652-77-3413.000; 0652-86-1784.000) alone Tasha Lane and Harnett Central Road, approximately 4.5 miles
southwest of Aneier, in Harnett County, North Carolina.
Description of projects area and activity: This verification authorizes impacts to aquatic resources associated with infrastructure
construction to provide access throughout the site. Permanent wetland impacts total 0.009 acre and 168 linear feet of stream
channel (135 If-48" culvert installation, 281f--rip ran dissipator pad) permanently filled associated with three road crossin s
(Impact Areas 1, 2, and 3). It should be noted that at Impact Area #2, a single 20'X8'3" Arch culvert with winewalls and
headwalls is proposed in order to avoid stream impacts. The arch culvert will be keved into bedrock.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 8/27/2021, and the enclosed plans labeled EIP-1.0. EIP-2.0, EIP-3.0, and EIP4.0.
dated 8/27/2021. 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 [phone]) 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 Morehead City, 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 Liz Hair at 910-2514049or sarah.e.hajrAusace.armv.mjl.
Corps Regulatory Official: 4,s ll6aGL Date: 1/4/2022

Expiration Date of Verification: 12/31/2026

Enclosures:
NWP 29
Individual 401 Certification dated October 26, 2021
Plans dated August 27, 2021
PJD and Maps
Electronic copy furnished:
John O. Brown
Ian McMillan, Sage Ecological Services
Chad Turlington, NC DWR

Action ID Number: SAW-2021-01496 County: Harnett
Permittee: Patricia Burnette; Wayne Senter; John Brown
Project Name: Matthews Landing (formerly Harnett Central Road Assemblage)
Date Verification Issued: 1/4/2022
Project Manager: Liz Hair
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: Liz Hair
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
sarah.e.hairCausace.army.mil
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 29
Residential Developments
Effective Date: March 15, 2021 / Expiration Date: March 15, 2026
Authorities: Sections 10 and 404
Discharges of dredged or fill material into non -tidal waters of the United States for the
construction or expansion of a single residence, a multiple unit residential development,
or a residential subdivision. This NWP authorizes the construction of building
foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management
facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and
golf courses (provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of
the United States. This NWP does not authorize discharges of dredged or fill material
into non -tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters
of the United States associated with development of individual subdivision lots.
Notification: The permittee must submit a
engineer prior to commencing the activity
Sections 10 and 404)
GENERAL CONDITIONS
pre -construction notification to the district
(See general condition 32.) (Authorities:
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 or her 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.
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.
z

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 Temporary 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.
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
3

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 designated critical habitat or critical habitat proposed for such designation. 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 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 species proposed for listing) or designated critical

habitat (or critical habitat proposed 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, 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 species proposed for listing) or designated critical
habitat (or critical habitat proposed for such designation), the pre -construction
notification must include the name(s) of the endangered or threatened species (or
species proposed for listing) that might be affected by the proposed activity or that
utilize the designated critical habitat (or critical habitat proposed for such designation)
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 species
proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation) 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 species proposed for
listing or designated critical habitat (or critical habitat proposed for such designation), or
until ESA section 7 consultation or conference 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 or conference 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
3

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.
(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 world
wide 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 an 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,
.7

or potential for, the presence of historic properties
Preservation Officer, Tribal Historic Preservation Officer, or designated tribal
P perties can be sought from the State Historic
representative, as appropriate, and the National Register of Historic Places (see 33
CFR 330.4(g)). When reviewin
comply with the current procedures for addressing the requirements of section 106 of
the National Historic Preservation gct ThedistricttheinegUirens, district engineers will
reasonable
and good faith effort to carry out appropriateengineer shall make a commensurate
with
Potential impacts, which may include background identresearch, consultation,ion efforts noral history
interviews, sample field investigation, and/or field survey.
submitted in the PCN and these identification efforts, the district engineer shall ry
determine whether the proposed Based on the information
historic properties. Section06 onsuPltaio activity
not required when the district engineer
determines that the activity does not have the potential to cause effects ne the
Properties (see 36 CFR 800.3(a)).Potential to cause effects on historic
engineer determines that the activity has the 06 consultation is required when the district
potential to cause effects on historic
properties. The district engineer will conduct consultation with consulting
identified under 36 CFR 800.2 c ) hen he or she makes determinations for the purposes of s section 106 of hno hist
e NHPA: parties
affected, no adverse effect, or adverse effect. y of the following effect
oric properties
(d) Where the non -Federal applicant has identified historic properties
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 ntified b which the
engineer either that the activity has no potential to cause effects to historic th
that NHPA section 106 consultation has been completed. For non-federal y the district
the district engineer will notify the prospective permittee within 45 days of receipt of a
P petees or
complete pre -construction notification whether NHPA section 106 consultat onr sittees,
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 a y
Corps within 45 days, the applicant must still waitfornotification t ficaion from the Corps as not heard back from the
(e) Prospective permittees should be aware that section 110k of the NHPA
306113) prevents the Corps from who, with intent to avoid the requirements
of ing a section 106 of the NHPA, (te U.S.C.
significantly adversely affected a historic property
or other assistance to an applicant
having legal power to prevent it, allowed such significant adverse effect toOccur t,tunlally
the Corps, after consultation with the Advisoryy to which the permit would relate, e
on
determines that circumstances 'usti ess
J fy granting such assistance lode despite the adverse HP),
effect created or permitted by the a
pplicant. 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 tribesand other parties known to have a legitimate interest in the
,
impacts to the permitted activity on historic prop erties.
ical remains and artifacts
21. Discove of Previouslno nkhistoricRcu to al ornarcheolog Artifacts Permins thatnotify
previous unknown an NWP. they must immediately
discover any p Practicable,
while accomplishing the activity authorized by and to the maximum extent
quired
the district engineer of what they have found,and artifacts until
affect the remains iill initiate the Federalthe eTribal,
avoid construction activities letea The district engineer,
coordination has been comp ister of Historic Places.
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 Reg
NOAA-
ortunit for public
ctuaries and marine monumentsnoati e and opportunity
Estuary a Research
22. Desi Hated Critn al Resource Waters. Critical resource waters include,in
managed marine sa engineer may designate, aft articular
a state as having p
Reserves. The district national resource waters
ical significance, such as outstanding
comment, additional waters officially designated y also designate additional
environmental or ecolosites. The district engineer may
or state natural heritage
ortunity for public comment.
critical resource waters after notice and opP 51, 52,
ed or fill material into waters of 39 the United states44, 49 50t
(a) Discharges of dredged 12 14 16 17 21 29 31, including
authorized by NWPs 7, or directly affecting, critical resource waters,
57 and 58 for any activity within,
wetlands adjacent to such waters. 33, 34, 36, 37, 38, and 54,
13, 15, 18, 19, 22, 23, 25, 27, 28, 30, activity proposed
g, 10, general condition 32, for any
(b) For NWPs 3, wetlands adjacent to
notification is required in accordance
critcal Ire resource waters including
by permittees in the designated
may authorize activities under these NWPs only
those waters. The district engineeracts to the critical resource waters will be no
after she or he determines that the imp
more than minimal. factors when
engineer will consider the following o ensure that the
23. Miti�at� -he
and practicable mitigation necessary
determining PP P
individual and cumulative adverse environmental effects are no M
and minim zere nadve se .
(a) The activity must be designed and constructed to avoid
both temporary and permanent, to waters of the United States to the maximum
effects, site (i.e., on site).
extent practicable at the project rectifying, reducing, or compensating
minimizing,
(b) Mitigation in all its forms (avoiding,
to ensure that the individual
for resource losses) will be required to the extent necessary
and cumulative adverse environmental effects are no a ratio will be required for all
Mitigation at a minimum one -for re -construction notification, unless
w Compensatory 9
wetland losses that exceed 1110-acre and require p
a

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 1/1 0-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 3/100-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
ete3/1 minee or less that require pre -construction notification, the district engineer may
of this general condition. For losses of stream bed of
determine on a case -by -case basis that compensatory mitigation is required to ensure
that the activity results in onlyy
mitigation for losses of streams should be provided,adverse ) if practicable, athrough stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace l effects. tory
resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP
activities
waters will normally include a requirement for therestorationor enhancement, open
maintenance, and legal protection e.
9•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 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
(e.g., riparian areas and/or wetlands compensation) ba eowhat is best for the
aquatic environment on a watershed basis. In cases where riparian areas are compensatory mitigation
determined to be the most appropriate
the district engineer may waoreducerthe requiM Of rement top comp wetland
compensatory mitigation for wetland losses. compensatory mitigation,
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.
4

an appropriate compensatory
1 The prospective permittee o responsible for proposing to ensure that the activity
mitigation option if compensatory mitigation is necessary
compensatory mitigation is mitigation bank credits or
results in no more than minimal verse environmental effects. For the NWPs, the
preferred mechanism for providing
2 and (3)). However, if an appropriate
in -lieu fee program credits (see 33 CFR 332.3(b)() approve
the use of
number and type of mitigation bank or in -lieu credits are may available
pPt the time the
PCN is submitted to the district engineer, the district engineer
permittee-responsible mitigation.
miti ation required by the district engineer must be
(2) The amount of compensatory 9
environmental
effects (see 33 CFR 330.1(e)(3)). (See also 33
sufficient to ensure that the authorized activity results in no more than minimal individual
e
and cumulative adverse
CFR 332.3(f).) acts to potentially valuable
(3) Since the likelihood of success is g
reater and the imp compensatory
permittee-responsible mitigation.
UPI are reduced, aquatic resource restoration should be the first
mitigation option considered for p prosective permittee
(4) If permittee-responsible mitigation is the proposed option, the p P
Ian. A conceptual or detailed mitigation plan
is responsible for submitting a mitigation P applicable requirements of 33
may be used by the district engineer to make the decision on the NWP verification
Ian that addresses the engineer before the
request, but a final mitigation must be approved by the district
CFR 332.4(c)(2) throng ( )
permittee beg Ian is not practicable or not
ins work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation P compensatory
mitigation (see 33
necessary to ensure timely
completion of the required comp option, and the
CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed
site is located on land in which another federal
proposed compensatory mitigation
agency mitigation project is compatible with the terms of
holds an easement, the ndsatrict oryengi9eertyill coordinate with that federal agency
to determine if proposed comp
the easement. ly option, the
credits are the proposed act site and the
(5) If mitigation bank or in lieu fee program he baseline conditions at the imp
mitigation plan needs to address on
number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)).
e, resource type and amount to be
(6) Compensatory mitigation requirements (e.g., ecological performance standards,
provided as compensatory mitigation, site protection,
be addressed t compensatory mitigation plan (see 33 CFR
tions added to the NWP
monitoring requirements) maYonents of a comp
authorization, instead of comp
one
acreage losses allowed by
mitigation will not ex useet i ianrNWP hasan the crreage limit of 112-
(g) Compensatory
the acreage limits of the NWPs• For example, e to mitigation .r
acre, it cannot be used to authorize any NWP activity resulting in the loss of is er
than 1/2-acre of waters of the United States, even if compensatory s
10

provided that replaces or restores some of the lost waters.
mitigation can and should be used, as necessa However already meeting the established acreage limits also satisfies thto ensure e no more than i compensatory
impact requirement for the NWPs.
minimal
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. the permittee When developing a compensatory
uCFR 332.3 bPPr°priate and practicable options c nsistentlw with
framework at 3theosal,
resources, () For activities resulting in the loss of marine or estuarine
are no mitigation banks oron-I -responsible
efemitigation
i ti nms in the area that have
credits available for sale or transfer to the i may be environmentally preferable if there
mitigation, the s permittee. For marine or estuarine
or parties pecial conditions of the NWP verification must clearly indicate the part
permittee-responsible
responsible for the implementation and performance of the compensatory
Mitigation project, and, if required, its long-term management. y
(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
herbaceous wetland in a permanently maintained utility line right -Of -way ,
be required l l reduce the adverse environmental effects of the activity to the no more a
than minimal level. Y mitigation may
24. Safet of Im oundment Structures. To ensure that all impoundment structures
to
are safely designed, the district engineer may re
demonstrate that the structures comply
criteria or have been designed b e quire non -Federal applicants s
p i with established state or federal, dam safety
require documentation that the design has been independently reviewed b
Y qualified persons. The district engineer may also
qualified persons, and appropriate modifications made to ensure safety. Y similarly
25. Water Qualit,r. a
appropnate)�not a) W ere the
certifiedying ompliance of an NWP
authority (state, authorized tribe , or EPA, as
a CWq section 401 water
quality certifobtained or waived (see 33 CFR 330.4 ccation for the proposed discharge with C A section 401,
conditions of a water ())• If the permittee cannot comply I must be
issuance of the NWp quality certification previously issued bcertifying
p Y with all of the
waiver for the , then the permittee must obtain a water certi in authorityProposed discharge in order for the activityto be authorized b an for the
g quality certification or
(b) If the NWP activity requires pre -construction notification and the certifying y an NWP,
has not previously certified compliance of an NWP with CWA section 401, the Proposed
discharge is not authorized b �' 9 authority
waived. If the certifying Y an NWP until water quality certification is obtained or ed
discharge, 9 authority issues a water quality certification for the proposed
g the permittee must submit a copy of the certification to the district engineer.
The discharge is not authorized b p posed
permittee that the water Y an NWP until the district engineer has notified the
issuance of a water quality certification requirement has been satisfied b
quality certification or a waiver. y the
n

(c) The district eng
ineer or certifying authority may require additional water quality
management measures toof esatertquality. authorized activity does not result in more
than minimal degradationpreviously
ement consistency concurrence, an individual state
26. Coastal ZoneeMstal zoneemanag coastal consistatecwhmust be obtained, re an NVVP has not a cannot
received a state c concurrenIf the permittee c
coastal zone management consistency
presump management consistency
tion of concurrence must occur (see 33 CFR 3ittee must obtain an individual
comply with all of the conditions ofthe state, then the perm
agresumption of concurrence in
concurrence previously issued by
ement consistency concurrence or presumption
or a state may
an NVWP. The district engineer
coastal zone manag is consistent with state
order for the activity to be authorized by
require additional measures to ensure requirements. activity
authorized activity
coastal zone management must comply with any
Case Conditions. The activity Engineer (see 33 CFR
27. Re Tonal and Case B have been added by the Division Enps or by the state,
conditions added by the Corp or by the
regional conditions that may Certification,
330.4(e)) and with any case specific
Management Act consistency determination.
IndianTribe, Coa aSZone Min aits WA section 401 Water Qua i y
state
authorized,
subject to the following restrictions:
28. Use of Multi le Nationwcide Permits. The use of more than one NWP for a single
and complete project is auth complete project has a
y le and
e limit. For example, if a
e loss of waters of the United States cannot exceed
(a) If only one of the NWPs used to authorize the sing
specified acreage limit, the acreage specified acreage
with associated bank
the acreage limit of the NWP with the highest sp a loss of waters of the United
road crossing over tidal waters
13, CO thte maximum rUcted eacreag 14,
stabilization authorizdb cannot exceed 1/3 acre.
States for the total project le and complete project has
limits. For example, if a
e loss of waters of the United States authorized by
(b) If one or more of the NWPs used to authorize the sing
specified acreage limits, the acreag ective specified acreagecomplete
ment is constructed under NWP 39, and the single and
those NWPs cannot exceed their re NWP 46, the maximum
commercial develop of an upland ditch authorized by
project includes the filling
acreageand the total acreage loss of waters of United States
loss of waters of the United States for the commercial development under
NWP 39 cannot exceed 1/2-acre,
due to the NWP 39 and 46 activities cannot exceed 1 the permittee sells the property
ermit verification, the permittee may transfer the
2g. Transfer of Nationwide Permit Verifications. If the P a letter to the appropriate
associated with a nationwide p submitting ethe verification
nationwide Permit verification to the new owner by of the nationwide p
Corps district office to validate the transfer. A copy
12

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.,,
(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
tigation bank or
in -lieu fee program are used to satisfy the compensato g mitig
completed in accordance with the permit conditions. If credits from a miation was
certification must include the documentation required by 331tCFR 332.3 Ilrements,the
confirm
that the permittee secured the appropriate number and resource type of credto its; 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 Affect.I Structures or Works Built bif the United States. If an NWP
activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occu
py or use a U.S. Army of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the
Prospective permittee must submit a pre -construction notification. Seeparagraph
Corps
13

condition 32. An activity that requires section 408 permission and/or
(b)(10) of general an NWP until the appropriate Corps office issues ro project, and
he section
review is not authorized by or use the USACE p J
408 permission or completes its review to alter, occupy,
the district engineer issues a written NWP verification. the terms of the
Timing. Where required by
32. Pre -Construction Notification. (a
submitting a pre-
NWP, the prospective permittee must notify the iblerThe distict rict engineer must
construction notification (PCN) as early as p
len notify the prospective permittee within that 0
determine if the PCN is complete within 30 calendar days of the date of receipt and, i
the PCN is determined to be income to make the PCN comp
day, period to request the additional information necessary complete. As a
to make the
The request must specify the information needed to make the PC ccessary omp provide
all of
general rule, district engineers will request addroospectivlinformation ne,e permittee does not P o permittee
PCN complete only once. However, if the prospective
Process will not commence until all
the requested information, then the district engineer will notify the pros
n received by the district engineer. Theprospective
that the PCN is still incomplete and the PCN review p
of the requested information sbe until either
permittee shall not beg actityg y proceed
special conditions imposed by the district or division engineer;
(1) He or she is notified in writing by the district engineer that the activity may
under the NWP with any
or complete
r 45 calendar days have passed from the district engineer's receipt of the comp
pursuant to
PCN and the prospective permittee has not received written notice from the districtor
division engineer. However, if the permittee was required to notify the Corps p
ursuant to general condition 20 that the
general condition 18 that listed species or critical habitat might be affected or are in the
potential to cause effects to historic properties, the permittee
vicinity of the activity, or to notify the Corps p
activity might have the p written notification from the Corps that thrtiere is
cannot begin the activity until receiving Species Act (see 33
or
"I effect" on listed species or "no potential to cause effects" on historic prop
that any consultation required under Section 7 of the Endangered Sp
CFR 330.4(f)) andlocompleted.ctf the propoof the sed National
ic requires a writtencwaiver to CFR
330.4(g)) has beenermittee may not begin the activity until the
exceed specified limits of an NWP, the p
district egnwritiissues ng thats the
tan individual permit he waiver. if the ts requrict orired (within 415 calendar of
permitteethe permittee cannot begin the activity until an individual
receipt of a complete PCN, Perm in
right to proceed under the
permit has been obtained. Subsequently, the p
procedure
NWP may be modified, suspended, or revoked only in accordance with the
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:
numbers of the prospective permittee;
(1) Name, address and telephone
14

(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 adverse environmental effects the activity would cause, including the antiand cipated
amount of loss of wetlands, other special aquatic sitesyand o he Purpose'
waters anticipated
result from the NWP activity, in acres, linear feet, or other a
description of any proposed mitigation measures intended to reduce the adverse
expected to
environmental effects caused by the proposedappropriate unit of measure; a
general Permit(s) or individual permit(s) a nitended to be used to authorize any
Part of the ro y, and any other NWP(s), regional
P posed project or any related activity, including other separate and distant
crossings for linear projects that require Department of the Army authorization
not require pre -construction notification. The description of the proposed activity and
any proposed mitigation measures should be sufficiently detailed to allow the dirt ictto
engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory p ry mitigation or other
mitigation measures.
(ii) For linear projects where one or more single and complete crossings require re-
construction notification, the PCN must include the y
wetlands, other special aquatic sites, P
wetla.and other waters aforteach single aandlocomple e
crossing of those wetlands, other special aquatic sites and
but do not require PCNs).
and other waters (including
those single and complete crossings authorized by an
This information will be used by the district engineer to evaluate the cumulative adverse
tienvironmental es into NWP PCNsects of the
linear project, and does not change those non-
PCN NWP activi
(iii) Sketches should be provided when necessary
With the terms of the NWP. to show that the activity complies
results in a quicker decision. Sketches should contain sufficient detail to provide
Sketches usually clarify the activity and when provided
illustrative description of inthe proposed activity (e.g., a conceptual plan), but do not need
to be detailed engineering plans); an
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and
other waters, such as lakes and
Project site. Wetland delineations must be onds and
re
perennial and intermittent streams, on the
method required by the Corps. a Pared in accordance with the current
special aquatic sites and other waters n I he project site, but there may
Corps does the delineation, especially if the project se may ite the sarge or contains late the
wetlands, other special aquatic sites, and other waters. Furthermore, the 45 daelay if the
will not start until the delineation has been submitted to or completed t many
appropriate; r period
y the Corps, as
15

greater than 11 permittee must submit
(6) If the proposed actire of wetlands or
vity will result in the loss of g e prospective p
31100-acre of stream bed and a PCN is required,
a statement describing how the mitigation requirement will be satisfied, or explaining
the prospective
why the adverse tnation shouldenot bearequ ed. As an al enatian ve, thand why
compensatory m 9 , conceptual or detailed mitigation Plan.
permittee may submit a
species (or species proposed for listing) or
listed sp might be
(7) For non-federal permittees, if any for such designation) 9
or if the activity l�he PCN must ingludedtheitical
designated critical habitat (or critical habitat proposed
affected or is in the vicinity of theactivity
for such designation), ecies proposed for listing)
habitat) o critical habitat endangered or threatened species (or sp
name(s) of those affected
by the proposed
the proposed activity or utilize
be affected ted by cal habitat
that might be affected by nation) ermittees
(or critical habitat proposed for such desig Endangered Species
act
at require re-constructicce with notification,
elEndangere P
musttdocumtenitationties hdemonstrating comp
must provide
Act; it have the potential to cause
if the NWP activity mig or
(8) For non-federal permittees, determined to be eligible for listington PCN must
effects to a historic property listed on, the proposed
potentially eligible. for listing on, the National olential to besaffec affected bys For NWP
might have the p
state which historc property indicating the location of the historic property,
rovide
,tiactivity or include a vicinity map permittees must p
activities that require pre-constun notification, Fe(
p
documentation demonstrating compliance with section 106 of the National Historic
Preservation Act;
component of the National Wind er aor possible
designated by Congress study a "study
(g) For an activity that will occur in a comp status, the PCN must identify
System, or in a river officially
inclusion in the system while the river is in an officialneal condition 16); and
the Wild and Scenic River or the "study river" (see g
permission from, or review by, the Corps
that requires p temporarily or permanently occupy or
(10) For an NWP activity project, the pre -
pursuant to 33 U.S.C. 408 because it will alter or temp re-
use a U.S. Army
Corps of Engineers federally authorized civilworks
the project proponent
s submitted a written request for section 408 permission from, or review by, the Corps
construction notification must include a statement confirmin
has jurisdiction over that USACE project.
office having j permit pre -construction
Form ENG 6082) should be used for NWP P vielectronic files of
(c) Form of pre -Construction Notification: The nationwide for e p
notification form ( also be used. Applicants may Provide
the required informatioma materials if the district engineer has established tools and
PCNs and supporting
procedures for electronic submittals.
16

(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 e-mail, 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).
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 With the
transmission, or e-mail 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.
(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.
17

the
District Engineer's Decision
1. In reviewingthe activity ou hoCN orized by her the sNWP ed twill result in district
than minimal individual or
whetherbe contrary to the public interest. If a
cumulative adverse environmental effects or may specific NWP, the district engineer should
project proponent requests authorization by a
e te
issue the
nless he ortsheldeteon am nesr that a atfteryconsidering if it meets hmit ga ion, that thetproposedat
NWP , udividual
cts on the
activity enresult
eonment ore other animal in the public dinteest alnd eve xercises drse escretionary
aquatic
g complete crossings of
authority to require an individual permit for the proposed activity. For a linear project,
this determination will include an evaluation of the sin le and comp
waters of the United States that require PCNs t d term s the cine umeulat v
satisfy the terms and individually
caused
conditions of the NWP(s), an NWP. If an
by all of the crossings of waters of the Unite S i tes provided d d fobyn NWPs 13, 36, or 54,
applicant requests a waiver of an applicable
the district
engineer
resultwillionly n nlyrant the min minimal individual and cumulativwaiver upon a written e adverse enhvironmental
NWP Y gi
effects.
When making minimal adverse environmental effects determinations the district
2. the direct and indirect effects caused by the NWP activity. He or
engineer will consider
ies
she will also consider NWP and cumulative
ulatiwhethetadverse e cumulative adverse environmental effects ta e
authorize y an
e of resource that
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
will be affected by the NWP activity, the functions provided magnitude the aqwhich the uatic resources
that will be erfortmd' the degree c
tby the hose funs io s, the extent that aquatic resouceofunctions will belost
resources p artial or complete loss), the duration of the
as a result of the NWP activity (e.g., P importance of the aquatic resource
adverse effects (temporary or permanent), the
functions to the region (e.g., watershed or ecoregion), and mitigation required is the
district engineer. If an appropriate functional or condition assessment method is
practicable at assessment method may be used by the district
available and to use, th
iverse environmental
ects determination. The
engineer
assist
in the add inimacase-specific special conditions tto the NWP authorization to
district engineer
address site -specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than I M 0-
also propose compensatory mitigation
acre of wetlands or 31100 acre a stream bed,
may Prospective permittee should submita
mitigation proposal with the PCN. Applicants
osed compensatory mitigation or other mitigation
for NWP activities with smaller impacts, or for impacts to other types of waters. The
district engineer will consider any prop
measures the applicant has included in the Pea a° tivity areal in no more whether
an minimal. The
adverse environmental effects of the prop
compensatory mitigation proposal may be either conceptual or detailed. If the district
18

engineer determines that the activity complies with 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 a
net adverse
results in no more than minimal adverse
environmental effects. If the se 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
waters of the United States may occur until the district ftngineerigation fhasappro no work ci
Mitigation plan or has determined that prior approval
pproved a specific
practicable or not necessary to ensure timelycompletion off the required cnal Mitigation ompensatory
slan is atory
mitigation.
Further Information
1. District engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
19

2. NWPs do not obviate the need to obtainotherfederal, 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).
Definitions
Best management practices (BMP Policies, practices, procedures, or structures
cts on im resulting
ro development. BMPs are ncatego categorized as structural ornon-structce water qurallty
vironmental effe
resulting f
Compensatop mitigation: The restoration (re-establishment or rehabilitation),
n certai
establishment ( for the puhposes of offsetdtionglunavoidable adverse impacts whices ch
n of
aquatic resources
remain after all appropriate and practicable avoidance and minimization has een
achieved.
urrently serviceable: Useable as is or with some maintenance, but not so degraded as
Cto essentially require reconstruction.
s that are caused by the activity and occur at the same time and
Direct Effect
place.
Dischar e: The term "discharge" means any discharge of dredged or fill material into
waters of the United States.
j to plan desi
an aquatic
t and riparian
Ecologies cal en : A model uorestablishmednt actiI 1y under NWP 27a An ecological
area restoration,
ro osed NWP
referencem
ay
an area type that currently exists in the region whlere the cs of o aquatic habitat
type ti i p
to be restored,
27 activity is located. Alternatively, an ecological reference may be base on
conceptual model for the aquatic habitat type or riparian area type
enhanced, or established
account the rantge of variation oactivity.
of the proposed NWP 27 f he aquatic habitat type or riparian
reference takes in
area type in the region.
f the physical, chemical, or biological characteristics
Enhancement: The manipulation oi intensify, or improve a
hter
of an iop satiE Enhancement results in the gain of selected aquatic resource function(s),
function(s). )
but may also lead to a decline in other aquatic resource function(s). Enhancement oes
not result in a gain in aquatic resource area.
20

Establishment (creation): The manipulation of the
characteristics present to develop an aquatic resource that did not previously exist at an
upland site. Establishment results in a gain in aquat c resourcearea chemical, or biological
Hiah T—�: 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, b
continuous deposit of fine shell or debris on the foreshore or berm, other h
y a line of oil or scum along shore objects, a more or less
markings or characteristics, vegetation lines, tidalgages,
delineate the general height reached b or physical
tides and other high tides that occur with periodic frequency but does tnot e eludes that
y a rising tide. The line encompasses spring high
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 b e storm
hurricane or other intense storm. Y strong winds such as those accompanying a
Historicoric Pr�onertv: Any prehistoric or historic district, site (including
building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secrets archaeological site),
includes artifacts, records, and remains that are related to and located within such
Secretary of the Interior. This term
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 6o).
Indeoen_ dew: 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
9
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 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
adversely affected by fillip floodin
activity. The loss of stream bed includes the acores ofdstr am bed that are rainage because of per permanently
adversely affected by filling or excavation because of the regulated activity. Permanent
adverse effects include permanent discharges of dredged or fill material that hangetl 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,
21

excavated, or drained,
but restored to pre -construction contours and elevations after
my
construction, are not in in the measurement of loss of waters of the United of the Clean
the
tions under section 404(f)
States. Impacts such as activities eligible for exemptions
require
ofDwate s of the United States.
authorization,
Water Act, are not considered when calculating the o
Navig�abl�ters: Waters subject to section I a 33 CFR part 3290 of the Riv
These waters are defined ers and Harbors Act of 1899.
tidal wetlands contiguous to tidal waters are located landward
Non -tidal wetland: ANon tidal wetland is a wetland that is not subject to the ebb an
flow of tidal waters. spring high tide line).
of the high tide line (i.e., sp 9 g area that in a year with
of the NWF , an open water is any
Yabove ground to the
Open: For purposes or standing
normal patterns of precipitation has water flowing gent,arse, or absent.
extent that an ordinary high water mark can be determined. Aquatic vegetation within
the area of flowing
or standing water is eitheen°�aters.rExamp es of "open waters"
Vegetated shallows are lakes and ponds. considered to be p
include rivers, streams, the
inary high water mark means that line
on characteristics
Ordina High Water Mark:
The term at ons ofdwater and indicated by changes in the character
shore established by impress on the bank, shelving,
such as a clear, natural line imp presence of litter and debris, or other
of soil, destruction of terrestrial vegetation, the
areas.
appropriate means that consider the characteristics of the surroucontinuously
9 odntuously year-
Perenni �' perennial stream has surface water flowing
round during a typicalY into consideration cost,
Practicable: Available and capable of being done afteotak1n9r purposes.
existing technology, and logistics in light of overall project p p
the project proponent to the Corps
articular activity is authorized by nationwide permit. The request
Pre construction notification: A request submitted y
for confirmation that a p
may be a permit application, letter, or similar document that includes information about -construction
the terms and conditions of a nationwide permit, or by
the proposed work and its anticipated environmental effects. Pre
notification may be required by be voluntarily submitted in cases
orient wants
regional conditions. A pre construction notification n eroje
where pre -construction notification is not requirednationwide permit. prop
confirmation that the activity is authorized by the decline of, aquatic resources
Press: The removal of a threat to, or preventing through the
by an action in or near those
andtlma maintenance of c resources. Th(aqua cs term I resou servatoes does not
Y
associated with the protection h sical mechanisms
implementation of appropriate legal and physical
result in a gain of aquatic resource area or functions.
22

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
n
results in a gain iaquatic resource area and functions.
Rehm: The manipulation of the
of a site,
the goal of repairing natural/historic functions to a degraded aquatic
physical, chemical, or biological characteristics
resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Rest: The manipulation of the physical, chemical, or biological characteristics of
a site with the goal of returnin
resource. For the g natural/historic functions to a former or degraded aquatic
divided into two categories: re-establishment tracking net gains in aquatic resource area, restoration is
es ablishment and rehabilitation.
Riffle and uid coin lex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steeplt
characteristics. The rapid movement of water over a course substrate in riffles results
in
sections of streams. Such stream sections are recognizable by their hydraulic
a rough flow, a turbulent surface, and high dissolved Oxygen
are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a
smooth surface, and a finer substrate characterize Pools. levels in the water. Pools
Ripan— ate: 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 connectriverine, lacustrine,
estuarine, and marine waters with their adjacent wetlandss , 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 sedin e
: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
Shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other a
into waters for shellfish habitat.
ppropriate materials placed
Sin le and complete linear project: A linear project is a project constructed for the
Purpose of getting people, goods, or services from a
which often involves multiple crossings of one or more waterbodies at separate and
distant locations. The term "single and complete projectPoints define'd as that n to a terminal point,
o
total linear project proposed or accomplished by one owner/develo he
er or
other association of owners/developers that includes all crossings of a singe water of
the United States (i.e., a single waterbodcific P Partnership or
crossing a single or multiple waterbodies several times at separate and distant
locations, each crossing is considered a single aandecompletePolocatlo For linear projects
project for purposes of
23

r river,
shaped wetland or lake, etc., are not separate
NWP authorization. However , individual ap annels in a braided stream °aratel r
individual arms of a large , srogsuch ffeatured cannot o considered sep Y•
waterbodies, and crossing
ro ects, the term "single and
proposed or
i as the total project P
Sin le and com lete non -linear ro�ect: For non -linear p
complete project" is defined at 33 CFR 330 a nership or other association of endent
accomplished by one ownerldeveloper or p must have indep
lete non linear project lete non -linear projects
owners/developers. A single and comp Single and comp
utility (see definition of "independent utilityit
may not be "piecemealed" to avoid the limits in an NWP authorization.
management is the mechanism ater qual'i y controlling
Stormwater management: ur osesaof reducter ang downstream erosion, in land use on
stormwater runoff
for the flording and mitigating the adverse effects of changes
degradation,
the aquatic environment.
ment facilities are those
stormwater retention and detention ponds and best
Stormwater m - but nt facilities: Stormwater manage
water for a of time to control runoff and/or
facilities, including but not limited to,
ement practices, which retain he concentration of nutrients, sediments,
manag i e by reducing
improve the quality (�• poll of stormwater runoff.
hazardous substances and other p high water
n the ordinary
wee
be bedrock or inorganic particles that range in size from clay
Stream The substrate of the stream channel mbedtbut outside of the or
high
marks. The substrate may
to boulders. Wetlands contiguous to
of the stream bed.
water marks, are not considered p or
ation of lion of normal stream processes.
A
Stream chancalusesrmore than minimal interruption
course, condition, capacity,
location that
channelized jurisdictional stream remains a water of the United States. Examples of
ed in a definite pattern boat ramp, Strom An objecNthat
ithout Ilm'ta on, any pier, boat dock,
structures include , jetty, artificial island, artificial reef,
weir, boom, transmission line, permanently moored floating
breakwater, bulkhead, revetment, riprap,l Y,
permanent mooring structure, power mad
other mane obstacle or obstruction.
vessel, piling, aid to navigation, or any
tidal waters.
jurisdictionalTidad is a wetland that i tinundated
m o acyclle due to the
Tidal/ wetland: A rise,rhythmfallidal tinna predictable and measurable rhythm
predictable rhythm due to
gravitational pulls of the moon anracticall Idmeasured in a rs end where the rise and fall ofthe
water surface can no longer be p Y
b other waters, wind, or other effects. Tidal wetlands are located channelwar
masking Y
of the high tide line.
24

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.
Waterbodv: 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 single aquatic unit
(see 33 CFR 328.4(c)(2)).
REGIONAL CONDITIONS:
The following Regional Conditions have been approved by the Wilmington District for
the Nationwide Permits (NWPs) published in the January 13, 2021, Federal Register
(86 FR 2744) announcing the reissuance of 12 existing (NWPs) and four new NWPs, as
well as the reissuance of NWP general conditions and definitions with some
modifications.
A. EXCLUDED WATERS 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 SVgaWLn1mc1 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
25

without prior written approval from the NCWRC, or from the Eastern Band of Cherokee
Management (FWM) office if the project is located
Indians (EBCI) Fisheries and Wildlife
bove for information on the designated trout
on EBCI trust land. (See Section C.3. a
watersheds).
3. Sturgeon Spawning Areas. No in -water work shall be conducted in waters of the
U.S. designated by the National Marine U.S.
Service as Atlantic sturgeon critical
habitat from February 1 st 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
and are located in thecounties
require a Pre -Construction Notification (PCN) of the PCN to the U.S.Fisheand Wildlife
listed below, permittees must provide a copy
Service (USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801 and the Corps
Asheville Regulatory Field Office. Please see General Condition 18 for specific PCN
ered Species Act and the below website for
requirements related to the Endang
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: Ave 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:
htt :llwww.saw.usace.arm .millMissionslRe ulato PermitPro ram/A enc Coordinatio
nIESA.aspx.
et access may contact the appropriate U.S. Fish and
Permittees who do not have Intern
Wildlife Service offices listed below or Corps at [phone].
26

Below is a map of the USFWS Field Office Boundaries:
A"' laville u.6. 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]
2. Saecial 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
27

03R .0103; 15A NCAC 10C .0502; and 15A NCAC 10C .0503) and at the following web
pages:
htt :llre orts.oah.state.nc.uslncacltitle%2015a%20-
%20environmensal%20cuaih hapter%20r0
htt :lire orts.oah.state.nc.uslncacltitle%2015a%20-
10%20-
%20environmental%20 �ol�7nand%20wa0te
ncac%2010c%20 0502.pd
htt :lire orts.oah.state.nc.uslnccc
acltitle%2015a%20-
%20environment--,I u9oand%20wa
/OLv ry u..•••-- •-
ncac%2010c%20 0503.pdf
3. Troup Prior to any discharge of dredge or fill material into streams,
waterbodies or wetlands within the 2g4 designated trout watersheds of North h Pee to
ermittee shall also provide a copy
the permittee shall submit a PCN (see General Condition 32) to the District Engineer
prior to commencing
the activity. The ro ect is located on
the appropriate potential impacts to designated
ro riate NC' office, or to the EBCI FWM Office (if the p
EBCI trust land), to facilitate the determination of any
Trout Waters.
NCWRC and NC Trout Watersheds:
that are entirely.
NCWRC
Counties
within Trout Watersheds"
Contact"*
Mountain
Alleghany Jackson
Macon
Coordinator
Ashe
Swain
645 Fish
Avery
Graham Transylvania
Hatchery
Rd., Building
Haywood Watauga
B
Marion, NC
28752
828-803-
6054
For NCDOT
Projects:
NCDOT
Counties that are
partially within Trout
Buncombe
Caldwell
Cherokee
Clay
Henderson
Madison
Mitchell
Polk
Rutherford
Surry
Wilkes
Yancey
28

12275 Swift
Rd.
Oakboro,
NC 28129
704-984-
1070
EBCI
Counties that are within
Contact**
Trout Watersheds*
Office of
Qualla Boundary and non -
Natural
contiguous tracts of trust
Resources
land located in portions of
P.O. Box 1747,
Swain, Jackson, Haywood,
Cherokee, NC
Graham and Cherokee
28719
Counties.
[phone]
*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 armv mil/Missions/Regulatory Permit Program/Agency
Coord i nation/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
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
rya

Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
lotla 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
[phone] or view maps for all corridors at the following webpage:
http //www saw usace army mil/Missions/Regulatory-Permit-Program/Agenc -
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 District Engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate or the adverse
30

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 Of
basis, that
compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
8. Ri ra . 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 ri ra
P as
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 Ovate bodY• A waiver from the
an additional requirement of its
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
the stream bed, the finished top elevation of the riprap should not exceed that of the
original streambed. to be placed in
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.grock 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.
31

Invert
A waiver from the depth specifications in this condition may
be requested, in writing, by
eer from
and issued by the Corp. This waiver request must be specific ed to the
the p request. The waiver will be issued if it can be demonstrated that the
reasons(s) for the req acts to the aquatic environment. Culverts
proposed design would result in less imp to the
of equalizing surface water do not
placed across wetland fills purely for the purposes
have to be buried, butthe
culverts watemust be of adequate size and/or number to ensure
unrestricted transmission
b. Bank full flows through
or less) shall be accommodated maintenance of the existing
bank -full channel ecross
sectioned only to receive bank -full flowss or culvert barrels at such
crossings shall b
Approach Fill
Culvertburied
SankfuIl belowstreambed
to appropriate
depth (if required).
Saf&t Stream
Blockage Bottom
low flows. The
c. Culverts shall l e designed nd allow for aquatic Irfe moinal stream
vement during pipe3 manner that the shall not
profiles are not altered rofile of the stream above and below a p P
dimension, pattern, and p reducing the depth of the stream in
be modified by widening
the stream channel or by gradient of a proposed
ass the average historical low flow and spring flow without
connection with the construction activity. The width, height, an
culvert shall be such as top If the width of the culvert is wider than the stream
adversely altering flow velocity. es, baffles, benches and/or sills to
eslbarrels are
channel, the culvert shall include multiple boxes/piIf pes, i e and additional culverts/pipes
maintain the atur all be accommodated h of the stream in oneel. lvertlp multiple
and a is additional
used, low flreceive only flows above bankfull.
shall be installed such that they
32

10. Utilit__� 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).
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): htt s:Hncwildflower.or /invasive -exotic -
spec
d. Any permanently maintained corridor along the utility right of way within forested
wetlands shall be considered a loss of aquatic function. A compensatory
will be required for all such impacts associated with the requested activity if the mitigation ti ityn
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
Field Office within 48 hours. Restoration and/or compensatory mitigation may beatory
required as a result of any unintended discharges.
11. Temporary Access Fill 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 temporaryaccess fills and/or temporary road crossings. The PCN must
33

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.
es Federal Navi ation Channel Setbacks. Authorized structures and fills located in or
criteria established by the Wilmington District Engineer. You may review
adjacent to Federally authorized waterways must be constructed in accordance with the
latest setback
the setback policy at
htt :llwww.saw. al e. constructionll1sof ha denledtor permanently fixed structures within permiteneral
does not authorizey roved by the Corps.
the Federally Authorized Channel Setback, unless the activit is approved
structures or fills within the
The permittee shall submit a PCN (see General Condition 32) to the District Engineer o
obtain a Federally Autthorized Channel Setbackrior to the construction of any
13. Northern Lon -eared Bat — Endan erred S reties Act Com liance
has
ted with the United
The Wilmington iltrict, U.S. Army Corps of dli e Service (USFWS) hEega d to he theatelned ngineers
Northern long -
States Fish and
eared bat (NLEB) (Myotis septentrionalis) and Standard
by the Corps and the USFWS. ating procedures or
Endangered Species (SLOPES) have been approved
oes not
This condition s c rn and/or federally LEBdesign only ancdriacal habitatdress effects to other
federally I p
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
ro ects, OR;
• the project is located in the western 41 counties of North Carolina, to include non -
of Transportation (NCDOT) p
federal aid North Carolina Department j
• 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
impactn to waters
to obtain
eArmy authorizatio
determine the
due to the require
contact the Corps
of the U.S.hePojects located ofederal land,
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:
htt :llwww.fws. ovlmidwestlend or if the project iFffed/mammanclude
percussive activities (e.g., theproject
is within the range of the NLEB, _ appropriate
blasting, pile driving, etc.), the permittee is then required to check the app P
website in the paragraph below to discover if their project:
34

• 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 aov/asheville/htmis/project review/NLEB in WNC html. For the eastern
5g counties in NC (covered by the Raleigh Ecological Services Field Office), check the
Project location against the electronic maps found at:
https://www.fws oov/raleigh/NL FR 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.
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
35

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 weebsite+att:
htt ://www.saw.usace.dn��-
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/ManateeGuidelines20l7.1)df.
15. ESA Proarammatic 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 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: — o�ir_Prnnrnm/Aoencv-
Coordination/ESA/.
16. Work on Eastern Band of Cherokee Land.
Notifying g 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
36

waters of the U.S. on EBCI trust and (i.e., Qualla Boundary and non-contiguous
tracts of trust land located in portions of Swain, Jackson, Ha
ywood 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: htt ://saw -
re .usace.arm .mil/FO/Final-MOU-EBCI-USACE. df
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 yg
a. Discharges in streams and wetlands for stormwater management facilities are
prohibited under this NWP.
b. Discharges of dredged or fill material into waters of the U.S., including wetlands,
within the floodway* or mapped FEMA 100-year floodplain resulting in permanent
above -grade fills are not authorized by this NWP.
* NOTE: Floodway means the area designated and/or regulated by Federal, State, or
local requirements to provide for the discharge of the base flood so the cumulative
increase in water surface elevation is no more than a designated height identified by the
regulating entity within the 100-year floodplain.
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: htt s://www.saw.usace.arm .mil/Missions/Re ulato -Permit-
Pro ram/Permits/2017-Nationwide-Permits/
37

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 26, 2021
DWR # 20211300
Harnett County
John 0. Brown
1533 Grosse Point Drive
Middleton, WI 53562
Patricia Matthews Burnette
2001 Fairview Way
Greenville, NC 27850
Wayne Senter
6509 Whitted Rd.
Fuquay Varina, NC 27526
subject: Approval of Individual 401 Water Quality Certification
Matthews Landing
IJSACE Action ID. No. SAW-2021-1496
Dear All:
Attached hereto is a copy
of Certification No. WQC004512 issued to John oval is for Patricia
purpose
Matthews Burnette and Wayne Senter, dated iltation submitted on August 27, 2021pwith fee received reference once as
and design described in your app
September 2, 2021. The plans and specifications for this project are incorporated t notify the Division
part of this Water Quality Certification. If you lication packagechange your Jwith the appropriate fee. If the
and you may be required to submit a new app of this Certification and is responsible for
property is sold, the new owner must be given a copy
complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve
the before prormitcee eeding the respon pr,ibojectility oin cud Hatain ll
other required Federal, State, or Local approvals
North Carolina Department of Environmental Quality 1 Dlvlslon of Water Resources
d-�DEFayetteville Reglonal Office 1 225 Green Street, Suite 7141 Fayetteville. North Carolina 28301
910.433.3300

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.
If you are unable to comply with any of the conditions of this Water Quality Certification you
must notify the Fayetteville 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 Fayetteville 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. 143-215.51.
This Certification can be contested as provided in Chapter 1506 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 150E 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].
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
D0% North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green street. Suite 7141 Fayetteville, North Carolina 28301
910.433,3300

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Chad Turlington at [phone] or
[e-mail] if you have any questions or concerns.
Sincerely,
0muuSignne,i by'
-)UA
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
cc: Ian McMillan — Sage Ecological Services (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
_ Dro"_EQ�
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004512 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 0213.0200, to John O. Brown, Patricia Matthews Burnette and
Wayne Senter, who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on August 27, 2021.
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
Wetland Impact 1
0.008 (acres)
0.001 (acres)
Wetland Impact 2
0.001 (acres)
0.001 (acres)
Perennial Stream Impact 1
135 (linear feet)
5 (linear feet)
Perennial Stream Impact 1
(rip rap)
28 (linear feet)
(permanent impact, no
permanent loss)
(linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a);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. 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.
er
D; Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
91OA33.3300

For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a);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. 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.
3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H .0502(a);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. 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. Because the stormwater management plan reviewed by the Town of Lillington under their
Water Supply Watershed ordinance is being used to meet stormwater requirements on
this project, you are required to submit a digital copy of the approved stormwater
management plan (SMP) including plan details on scaled plan sheets with proof of Town
of Lillington approval. The approved SMP shall be submitted to Chonticha McDaniel of the
DWR 401 and Buffer Permitting Branch ([e-mail]) before any
impacts authorized in this certification occur. After it is approved, the SMP may not be
modified without prior written authorization from the Town of Lillington. If modified, a
digital copy of the approval letter and the modified SMP shall also be submitted to the
DWR 401 & Buffer Permitting Branch (at the email address above) prior to the
commencement of the modifications.
D_E QJ North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
uN01fNw.+.- ���r 910.433.3300

Citation: (15A NCAC 02H .0506(b) and 0507(c)]
Justification: In order to protect against impairment of water quality standards and best
usage of receiving and downstream waters, water quality based management practices
must be employed to protect against direct or indirect discharge of waste or other sources
of water pollution. 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. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state's antidegrodation 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.
5. The permittee shall report to the DWR Fayetteville 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 .0506(b); 15A NCAC 02H .0507(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.
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. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E QJ� Fayetteville Regional Office 1 225 Green Street. Suite 714 1 Fayetteville, North Carolina28301
^ �°-�d-^^wa•�r 910,4333300

l]
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC
028.0231
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.
If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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 028.0200; 15A NCAC
028.0231
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
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.4333300

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.
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 manner to 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 028.0200; 15A NCAC
028.0231
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.
10. 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: 15ANCACO2H.0507(c); N.C.G.S143-215.85(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
P/N ERO%Z North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville. North Carolina 28301
»�nn�cameln
910.4333300

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.
11. 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 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 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.
12. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit 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: 15A NCAC 02H .0506(b); 15A NCAC 02H .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.
13. 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 02H .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
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.
14. 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
North Carolina Department of Environmental Quality I Division of Water Resources
D_E Q
Fayetteville Regional Office 1225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
910,433.3300

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 diameter for 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 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)
North Carolina Department of Environmental Quality I Divisiof Water Resources
D_E Division of
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
`w�-owro�r 910.433.3300

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. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
15. All sewer lines shall be designed, constructed and maintained in accordance with Title
15ANCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative
Design Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure
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.
16. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
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. 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.
17. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank).
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. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E 5 Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville. North Carolina 28301
�«a^=,a•,�r 910.433.3300

18. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide. For construction corridors
in wetlands and across stream channels, stumps shall be grubbed only as needed to install
the utility, and remaining stumps shall be cut off at grade level. The general stripping of
topsoil within wetlands along the construction corridor is prohibited.
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. 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.
20. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide.
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. 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.
21. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
V D ra North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
• r �umib�/ 910.433.3300

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.
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. 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.
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 26th day of October, 2021
Dx�uSyyne/tl�by'
"
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
North Carolina Department of Environmental Quality I Division of Water Resources
GrD_EQ�� Fayetteville Regional Office 1 225Green Street, Su8e7141 Fayetteville. North Carolina 28301
n,
a.a 910.4333300

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
DWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.
D_E North Carolina Department of Environmental Quality I Divisional Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
urn,ii cerr_
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01496 County: Harnett U.S.G.S. Quad: NC-Lillington
NOTIFICATION OF JURISDICTIONAL DETERMINATION u.,
Requestor: Patricia Barnette, Wayne Seater; John Brown I)EQ/bWR
Address: 2001 Fairview Way JAN p Q&a4
Greenville, NC 27858
Telephone Number: 252-5314290; 919-880-3682, 608-577-5176
E-mail: burnettep(d),email.com: iobrownb(a)mindsnring.com WQROS
'AY17-1-mvil I COC( Iry41Q1 �FK(rF
Size (acres) —355-acres Nearest Town Kipline
Nearest Waterway Neills Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.4765
Longitude:-78.8053
Location description: The site is located on multiple parcels (PINS: 0652-89-3667.000, 0652-69-7689.000; 0652-68-5039.000;
0652-77-3413.000: 0652-86-1784.000) alone Tasha Lane and Harnett Central Road, approximately 4.5 miles southwest of
An¢ier, in Harnett County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3125/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33I ). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2021-01496
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this $etermination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Liz Hair at 910-2514049 or
sarsh.e.hair(a),usace.armv.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 01/04/2022.
D. Remarks: N/A
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN(@,USACE.ARMY MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not ammlicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: L� rr�
Date of JD: 01/04/2022 Expiration Date of JD: Not amolicable

SAW-2021-01496
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: //revulatorv. ops.usace. army.mi I/customer-servi ce-survey/.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR AP. '
Applicant: Patricia Burnette: Wayne Senter: John
File Number: SAW-2021-01496
Date: 01/04/2022
Brown
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/ReeulatoryProQramandPermits.asl2x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Liz Hair
ADMINISTRATIVE APPEAL REVIEW OFFICER
Wilmington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
69 Darlington Avenue
ATLANTA, GEORGIA 30303-8803
Wilmington, North Carolina 28403
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(a USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportuni to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Liz Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room HIM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: January 4, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Ian McMillan/Kim Hamlin
Sage Ecological Services
3707 Swift Drive
Raleigh, NC 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, Harnett Central Road Assemblage / Angier / Harnett, SAW-2021-01496
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC
RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.47651 Long.:-78.80531
Universal Transverse Mercator: 17
Name of nearest waterbody: Neills Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑X Office (Desk) Determination. Date: January 4, 2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude
(decimal degrees)
Estimated amount
of aquatic
resource in review
area (acreage and
linear feet, if
applicable)
Type of aquatic
resource (i.e.,
wetland vs. non-
wetland waters)
Geographic
authority to which
the aquatic
resource "may be"
subject (i.e.,
Section 404 or
Section 10/404
Pond 1
35.4803
-78.8121
0.51 acres
Wetland
Section 404
Stream SA
35.479
-78.7968
5149 feel
Welland
Section 404
Stream SIB
35,4693
-78.8016
1871 feel
Welland
Section 404
Stream SC
35A772
-78.8132
3799 feet
Welland
Section 404
Stream SD
35.4814
-78.8031
1661 feet
Welland
Section 404
Stream SF
35.4851
-78,8112
2243 feet
Wetland
Section 404
Stream SFA
35A832
-78.8093
273 feet
Wetland
Section 404
Stream SG
35.4851
-78.8108
98 feet
Wetland
Section 404
Stream SH
35.4785
-78.8056
4424 feet
Welland
Section 404
WA
35A734
-78.8019
69.5099 acres
Wetland
Section 404
WB-1
35.4701
-78.7976
0.015 acres
Wetland
Section 404
WB-2
35.47
-78.798
0.011 acres
Wetland
Section 404
WB-3 135.4697
-78.7997
10.001 acres
I Welland
I Section 404
W13-4
35.4615
-78,801
0.077 acres
Wetland
Section 404
WC-1
35.4772
-78.8128
0.255 acres
Wetland
Section 404
WC-2 135,4767
-78.8111
0.489 acres
I Wetland
I Section 404
WC-3 135.4764
-7&8098
0.003 acres
I Wetland
I Section 404
' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
Page 1 of 3

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
WC4
35,4764
-78.8093
0.002 acres
Wetland
Section 404
WC-5
35.4763
-78.8089
0.155 acres
Wetland
Section 404
WC-6
35.4748
-78,8061
2.927 acres
Wetland
Section 404
WC-7
35.4734
-78.8032
0.066 acres
Wetland
Section 404
WC-8
35.4731
-78.8041
0.567 acres
Wetland
Section 404
WD-1
35.4809
-78.8029
0.126 acres
Welland
Section 404
WD-2
35.48
-78.802
0.278 acres
Welland
Section 404
WD-3
35.4789
-78.8
4.99 acres
Wetland
Section 404
WF-1
35.4848
-78.8109
0.286 acres
Wetland
Section 404
WF-2
135.4842
-78,8104
0.008 acres
Wetland
Section 404
WF-3
35.4841
-78.8101
0.033 acres
Wetland
Section 404
WF4
35.4837
-78.81
0.06 acres
Wetland
Section 404
WF-5
35.4825
-78.8089
0.164 acres
Wetland
Section 404
WF-6
35.4812
-78.8085
0.05 acres
Wetland
Section 404
WFA
35.4834
-78.8094
0.235 acres
Wetland
Section 404
WFD
35.4837
-78.8091
0.155 acres
Welland
Section 404
WH-1
35.4808
-78.8119
0.707 acres
Wetland
Section 404
WH-2
35.4808
-78.8097
0.83 acres
Welland
Section 404
WH-3
35.4809
-78.8083
0.022 acres
I Wetland
I Section 404
WH-0
35.4805
-78.8079
0.334 acres
Wetland
Section 404
WH-5
35.4792
-78.8064
0.015 acres
Wetland
Section 404
WH-6
135.4788
-78.8057
0.178 acres
I Wetland
I Section 404
WH-7
135.4766
-78.8024
1.58 acres
I Wetland
I Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain
an approved JD (AJD) for that review area based on an informed decision after having discussed
the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre -construction notification"
(PCN), or requests verification for a non -reporting NWP or other general permit, and the permit
applicant has not requested an AJD for the activity, the permit applicant is hereby made aware
that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which
does not make an official determination of jurisdictional aquatic resources; (2) the applicant has
the option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP
or other general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity
in reliance upon the subject permit authorization without requesting an AJD constitutes the
applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a
proffered individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either
an AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit denial can
be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal,
it becomes appropriate to make an official determination whether geographic jurisdiction exists
' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
Page 2 of 3

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
over aquatic resources in the review area, or to provide an official delineation of jurisdictional
aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as
soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there
"may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic
features in the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where indicated
for all checked items:
0
X
X
X
Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map: PJD Wetland and Stream Sketch Map (Figures 3-1, 3-2, 3-3 3-4.)
Data sheets prepared/submitted by or on behalf of the PJD requestor.
X Office concurs with data sheets/delineation report.
_ Office does not concur with data sheets/delineation report. Rationale:
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Lillington, NC Quadrangle.
Natural Resources Conservation Service Soil Survey. Citation: Harnett Co Soil Survey (1995) sheet
5.
National wetlands inventory map(s). Cite
State/local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: . (National Geodetic Vertical Datum of 1929)
X Photographs: X Aerial (Name & Date): NC OneMap Orthoimagery. 2017.
or X Other (Name & Date): Site Photos, February/March 2021.
Previous determination(s). File no. and date of response letter:
X Other information (please specify): National Regulatory Viewer SAD/NC.
name:
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by
the Corps and should not be relied upon for later jurisdictional determinations.
Liz Hair
January 4, 2022 ,�� ��ut
Signature and date of Regulatory staff
member completing PJD
'refer to PJD submittal July 9, 2021
Signature and date of person requesting
PJD (REQUIRED, unless obtaining the
signature is impracticable)'
' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
Page 3 of 3

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From: Richard Crittenden
To: Brock Johnson; David Garrett; Randy Garrett
Subject: FW: 404-approval and PJD for Matthews Landing
Date: Friday, January 21, 2022 10:49:16 AM
Attachments: SAW_-2021-01496 NWP29 combined verification sinned for Matthews Landing odf
SAW-2021-01496 PJD Signed certify for Matthews Landing pd
Brock for files this is 404 wetland permit approved
From: Richard Crittenden <[e-mail]>
Sent: Friday, January 21, 2022 10:23 AM
To: Kip Hyde <[e-mail]>; Robbie O'daniel <[e-mail]>; Liza Elizondo
<[e-mail]>; Mariaelena De Leon <[e-mail]>
Subject: Fwd: 404-approval and PJD for Matthews Landing
Sent from my iPhone
Begin forwarded message:
From: Tom Spaulding <tom(@spaulding-grr om>
Date: January 21, 2022 at 10:20:59 AM EST
To: Richard Crittenden <dick@g obalce.co>, Jonathan Holtvedt
<IHoI v d (@ rramorhom om>, Cameron M Jones
<Cameron.Jones (d)terramorhomes com>
Cc: Brian Duncan <brian(@spaulding$roup com>
Subject: FW: 404-approval and PJD for Matthews Landing
See attached 404 permit.
Tom Spaulding, PE, CFM I Principal Engineer
PLEASE NOTE MY NEW MAIL ADDRESS
5318 Burning Oak Ct., Raleigh, NC 27606
Mobile [phone]
[SF Logo No Address]
J41V 11+f00,c
dpa�
FA��Elni wQRQS
.frlAlgl OFF,/C�
Confidentiality Notice: This message, information, data, or drawing(s) is only intended
for the designated recipients(s). It may contain confidential or proprietary information
and may be subject to the attorney -client privilege or other confidentiality protections.
If you are not a designated recipient, you may not review, copy or distribute this
message. If you receive this in error, please notify the sender by reply e-mail and
delete this message. Thank you.
From: Sean Clark <SClark(@SAG E ECO LOG I A . OM>
Sent: Friday, January 21, 2022 9:06 AM
To: Brian Duncan <brian(s aulding-2roup.com>; Tom Spaulding <tom@spauldine-
group com>

Subject: 404-approval and PJD for Matthews Landing
The 404-approval and PJD for Matthews Landing are attached. Let me know if you have
any questions. Also, if you would please make sure that Mr. Senter (assuming he still
owns the parcel) gets a copy of this since we did not have his email address.
Thanks
Sean Clark
Sage Ecological Services, Inc.
Cell: 919.559.1537
SClark( Sag oloaical com<mailto:SClark(@Sag ological.com>