20150955 Ver 2_USACE Permit_20160324

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-03646-071 County: Pender U.S.G.S. Quad: NGHOLLY RIDGE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT — NES- Section Aead Agent: NCDOT-NES- Env. Program Consultant
attn.: Mr. Phil S. Harris III, P.E, attn.: Mr. Tvler Stanton
Address: 1548 Mail Service Center 1548 Mail Service Center
Raleigh, NC, 27699 Ralei�h, NC 27699
Size (acres) 30 Nearest Town Surf City
Nearest Waterway Onslow BaV River Basin New River
USGS HUC 03020302 Coordinates Latihtde: 34.4309120891728
Longitude: -77.5501422522781
Location description: The proiect area is alon� NC Hwv 50-210 where Brid�e # 16 crosses the Intracoastal Waterwav
leaving the mainland side of Surf City on to the island side of Surf City, Pender County.
Description ofprojects area and activiry: The NCDOT looks to replace the existing swing span bridge 8-4929) with a
new 3,773-foot, multi-span high-rise bridge on new alignment. This verification covers permanent impacts to 0.72 of
an acre of riparian wetlands and 0.05 of an acre of coastal wetlands. Additional non-mitigable impacts noted in the
imuact summarv sheet dated 2/4/2016 including utility impact summary sheet dated 1/13/2016 are further authorized.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
� Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: RGP-198200031 and NW-12
SEE ATTACHED RGP and NW GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted application and attached information, application dated February 4, 2016,
plan sheets 1-21 of 21 dated 2/�4/2016, and Utilitv plan sheets 1-18 of 18 attached. 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 authorization is modified,
suspended ar revoked. If, prior to the expiration date identified below, the nationwide 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 permit authorization expires or is suspended, revolced, 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
permit, will remain authorized provided the activity is cotnpleted within twelve months of the date of the nationwide permit's
expiration, modificarion or revocation, unless discrerionary authority has been exercised on a case-by-case basis to modify,
suspend or revolce the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Qualiry Certification.
You should contact the NC Division of Water Quality (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
in Wilmington, NC, at [phone].
This Department of the Army verificarion does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/pennits.
If there are any questions regarding this verifcation, any of the conditions oithe Permit, or fl1e Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-4611 or Brad.E.Shaver(a�usace.army.mil.
�'iqi�ally ziqnpd by SHAVER BflAU E.1 ]]6601I56
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Corps Regulatory Official: '`'''� f��`�`` °°`USA `° �"AVFRBRp°f'2J660156 Date: 3/24/2016
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Expiration Date of Verification: 4/30/2020

Determination of Jurisdiction:
A. � Based on preliminary information, there appear to be waters of the US including wetlands within the above described
project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative
Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this norification.
C. ❑ There are waters of the US and/or wetlands within the above described project area 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.
D. � The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued 10/21/20ll. Action ID: SAW-2007-03646.
Basis For Determination: The subject area exhibits both an ordinary high water mark and has
characYeristics as described in the 1987 Corps Delineation Manaal and is abutting the Intracoastal Waterway, a
navigable water of the US.
Remarks: See special Conditions.
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 coinplete our customer Satisfaction Survey online at
l�tt�:Ure ug lator_y.usacesurvey.com/.
Copy furnished (electronic w/o attachments):
NCDOT — Mr. Rodger Rochelle, P.E.
NCDEQ-DCM attn.: Ms. Kathy Britringham
US EPA — attn.: Dr. Cynthia Van Der Wiele
NCWRC — attn.: Mr. Travis Wilson
US FWS — atm.: Mr. Gary Jordan
NOAA Fisheries attn.: Mr. Fritz Rhode
Copy furnished (electronic with attachments):
NC Division of Mitigation Services attn.: Ms. Beth Harn�on
USACE — attn.: Mr. Monte Matthews
USACE — attn.: Mr. Todd Tugwell
USACE — attn.: Ms. Cindy Corbett
NCDOT- NES attn.: Mr. Chris Rivenbark
NCDOT-Division 3 DEO attn.: Mr. Stonewall Mathis
NCDEQ — DWR attn.: Mr. Mason Henldon
NCDEQ-DCM atm.: Mr. Stephen Lane

SAW-2007-03646-071 Pagc 1 of 5
SPECIAL CONDITIONS
B-4929, Brid�e # 16
** Development activities may not commence until a copy of the approved CAMA permit is furnished to the
Wilmington Field Office- 69 Darlington Avenue, Wilmington, NC 28403. The CAMA permit conditions
will be incorporated as part of the Corps permit once issued.
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water Resources 401
Water Quality Certification dated March 4, 2016, are incorporated as part of the Department of the Army
permit. Therefore they are not listed as special conditions.
1. Plans:
A. All work authorized by this permit must be performed in strict compliance with the
application dated February 4, 2016, Wetland and Surface Water Impacts Permit (Permit Drawings sheets
1-21 of 21 dated 2/4/2016), and Utility permit drawings sheets 1-18 of 18 dated 2/3/2016, which are part
of the permit. Any modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
B. The permittee will ensure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Written verification shall be provided that the final
construction drawings comply with the attached permit drawings prior to any active construction in
waters of the United States, including wetlands. Any deviation in the construction design plans will be
brought to the attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any
active construction in waters or wetlands.
2. Pre Construction Meetings:
The permittee shall schedule and attend a preconstruction meeting between its representatives,
the contractors representatives, and the Corps of Engineers, Wilmington Field Of�ce, NCDOT
Regulatory Project Manager, prior to any work within jurisdictional waters and wetlands to ensure that
there is a mutual understanding of all the terms and conditions contained with this Department of Army
Permit. The permittee shall provide the USACE, Wilmington Field Office, NCDOT Project Manager,
with a copy of the final permit plans at least two weeks prior to the preconstruction meeting along with a
description of any changes that have been made to the project's design, construction methodology or
construction timeframe. The permittee shall schedule the preconstruction meeting for a time frame
when the USACE, NCDCM, and NCDWR Project Managers can attend. The permittee shall invite the
Corps, NCDCM, and NCDWQ Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to schedules and
participate in the required meeting.
3. Threatened and Endangered Species:
A. All necessary precautions and measures will be implemented so that any activity will not kill,
injure, capture, harass, or otherwise harm any protected federally listed species. While accomplishing
the authorized work, it the permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the District Engineer will be immediately notified to initiate the required Federa]
coordination.

Page 2 of 5
B. The Permittee shall utilize "The Guidelines for Avoiding I��npacts to the West Indian Manatee:
Precautionary Measures for Construction Activities in North Carolina Waters" during construction.
4. Moratoria:
To avoid adverse impacts to ESA and EFH, no in-water work will be conducted from April 1 to
September 30. Additionally, a commitment has been made to span the known SAV habitat and utilize
drilled shafts for further resource protection.
5. Culverts:
A. Culverts must be installed to avoid any interruption of flow and circulation of the waters of
the US. For this project, equalizer culverts will be installed which can be set at the wetland grade.
6. Sediment Erosion Control:
A. During the clearing phase of the project, heavy equipment must not be operated in surface
waters. Grubbing of riparian vegetation will not occur until immediately before construction begins on a
given segment of stream channel.
B. No fill or excavation impacts for the purposes of sedimentation and erosion control shall
occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan
drawings and specifically authorized by this permit.
C. The permittee shall remove all sediment and erosion control measures placed in wetlands or
waters, and shall restore natural grades on those areas, prior to project completion.
D. The permittee shall use appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" to assure compliance with the appropriate turbidity water quality
standard. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality standards. This shall
include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4). Adequate sedimentation and erosion control measures must be implemented prior to
any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures
must be inspected and maintained regularly, especially following rainfall events. All fill material must
be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent
waters or wetlands.
E. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of this project, in
such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce
the reach of waters or wetlands.

Page 3 of 5
7. Project Maintenance
A. The permittee shall advise the Corps in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by this permit.
B. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance
in concentrations governed by Section 307 of the Clean Water Act.
C. 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 permit. A copy of this permit, including all conditions, shall be available at the project site
during construction and maintenance of this project.
D. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its
pre-project condition.
8. Enfarcement
A. Violation of these conditions or violation of Section 404 of the Clean Water Act of Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permitee's discovery of the violation.
B. A representative of the Corps of Engineers will periodically and randomly inspect the work
for compliance with these conditions. Deviations fram these procedures may result in an administrative
financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
C. The permittee shall take measures to prevent live or fresh concrete, including bags of
uncured concrete, from coming into contact with any water in or entering into waters of the United
States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and
cured).
9. Navigation - Sectionl0
A. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the waterway to its former
conditions. If the permittee fails to comply with this direction, the Secretary or his representative may
restore the waterway, by contract or otherwise, and recover the cost from the permittee.

Pagc 4 of 5
B. The authorized structure and associated activity must not interfere with the public's right to
free navigation on all navigable waters of the United States. No attempt will be made by the permittee
to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work
for reasons other than safety.
C. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the U.S. Army 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, relocation, or alteration. The permittee shall notify
NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM
7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion
of work.
D. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on autharized facilities. For
further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (252)
247-4525.
E. It is possible that the autharized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the Permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats and barges. The Permittee will
not hold the United States liable for any such damage.
10. Temporary Bridge Crossing
A. Once the temporary bridge is no longer needed it should be removed in its entirety to allow
revegetation of the natural wetland impacted through the temparary shading. Any voids in the wetland
caused by the removal of the work bridge or pile templates should be restored to pre-existing conditions.
B. There should be no staging of equipment within wetlands outside the authorized footprint.
11. Borrow and Waste
A. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall
require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of
dredged, fill, or waste inaterial. The permittee shall provide the USACE with appropriate maps
indicating the locations of proposed borrow or waste sites as soon as the permittee has that information.
The permittee will coordinate with the USACE before approving any borrow ar waste sites that are
within A�00 feet of any streams or wetlands.
B. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent waters and wetlands, except as autharized by this permit, the permittee shall

Page 5 of 5
require its contractors and/or agents to identify all areas to be used to borrow material or to dispose of
dredged, fill or waste material. The permittee shall provide the Corps of Engineers with appropriate
maps indicating the locations of proposed borrow or waste sites as soon as such information is available.
The permittee will coardinate with the Corps of Engineers before approving any borrow or waste sites
that are within 400 feet of any stream or wetland. All jurisdictional wetland delineations on borrow and
waste areas shall be verified by the Corps of Engineers and shown on the approved reclamation plans.
C. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands, or shall any activities take place that cause the
degradation of waters or wetlands. There shall be no excavation from, waste disposal into, or
degradation of, jurisdictional wetlands ar waters associated with this permit without appropriate
modification of this permit, including appropriate compensatory mitigation. This prohibition applies to
all borrow and fill activities connected with this project. In addition, except as specified in the plans
attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within, into, or out of waters or wetlands or to reduce the reach of waters or
wetlands.
12. Water Contamination
All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Quality at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
13. Mitigation
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit authorization.
14. Cultural Resources
A. NCDOT shall abide by all stipulations identified in the Memorandum of Agreement between
the Federal Highway Administration, the North Carolina Department of Transportation, and the North
Carolina State Historic Preservation Officer, executed 1/7/2014, copy contained within the Finding of
No Significant Impact.
Digitally signed hy
� SHAVER.BRAD.E.1276601756
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Date: 2016.03.24 14:55:05 -04'00'

Action ID Number: SAW-2007-03646-071 County: Pender
Permittee: NCDOT - PDEA
Mr. Phil Harris, P.E.
Project Name: NCDOT/ B-4929 / NC 50-210 / Br 16 / Division 3
Date Verification Issued: 3/24/2016
Project Manager: Brad Shaver
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: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
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

Compensatory Miti�ation Responsibility Transfer Form
Permittee: NCDOT
Project Name: Br# 16 (B-4929)
Action ID: SAW-2007-03646
county: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Impacts (linear feet
Warm I Cool
Wetland Impacts (acre
Cold I Riparian Riverine I Riparian Non-Riverine � Non-Riparian I Coastal
0.72 0.05
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
atory Mitigation Requirements
Stream Mitigation (credits)
Warm I Cool I Cold
8-digit HUC and Basin: 03030001, White Oak River Basin
Wetland Mitigation (credits)
Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
1.44 0.10
Mitigation Site Debited: NC Division of Miti�ation Services
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:

Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is
no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any
other mitigation requirements stated in the permit conditions.
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the
USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility
for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of
Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this
form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible
for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing
the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records
for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager
(address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the
USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency
Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version
of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF
Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with an updated bank ledger to: 1J the Permittee, 2J the USACE Project Manager
at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake
Forest, NC 27587 (email: [e-mail]. Questions regarding this form or any of the permit conditions may be
directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email
� ��
Brad Shaver
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Digitally signed by SHAVER.BRAD.E.1 2 76601 7 56
DN: r-U5, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, rn=SHAVER.BRAD.E.1276601756
Date: 2076.03.24 14:5625 -04'00'
USACE Project Manager Signature
March 24, 2016
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation
bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at
htta://ribits.usace.armv.mil.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Apri130, 2015
Regional General Permit No. 198200031
Name of Permittee: North Carolina De�artment of Transportation
Effective Date: Apri130. 2015
Expiration Date: Apri130, 2020
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT
A regional general permit (RGP) to perform work in or affecting navigable waters of the United
States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant
to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404
of the Clean Water Act (33 U.S.C. 1344), is hereby modified and re-issued by authority of the
Secretary of the Army by the
District Commander
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN
WATERS OF THE UNITED STATES (U.S.), INCLUDING WETLANDS, ASSOCIATED
WITH MAINTENANCE, REPAIR, AND CONSTRUCTION PROJECTS CONDUCTED
BY THE VARIOUS DIVISIONS OF THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (NCDOT) INCLUDING THE NCDOT DIVISION OF
HIGHWAYS, RAIL, BICYCLE/PEDESTRIAN, ECT.
Activities authorized are:
a. Construction, maintenance, and repair of bridges, to include work on the approaches, where
permanent impacts resulting in a loss of waters of the U.S. will be less than or equal to SOO linear
feet (1� of stream and/or one (1) acre of wetland/non-tidal open water for each single and complete
linear project�.
b. Best-fit widening projects that have undergone interagency review and completed the
cunent interagency Merger Process, which merges the requirements of the National Environmental
Policy Act (NEPA) with those found within Section 404 of the Clean Water Act (CWA).

While there is no impact threshold for these widening projects, the Corps has the discretion to
require an individual permit if it determines that the proposed impacts will have more than a
minimal impact on the aquatic environment or on other environmental factors, or if the project
would normally require an Environmental Impact Statement (EIS) under current Federal Highway
Administration (FHWA) guidelines. Best-fit projects may include a small amount of new location
roadway for components such as interchanges or intersections, provided the new location portion
has been concuned upon by the merger team.
c. Minor widening projects, such as paving andlor widening secondary roads, or interchange
improvements, when permanent impacts which result in a loss of waters of the U.S. from
installation and/or extension of culverts and/or pipes will be less than or equal to SOO lf of stream
andlor one (1) acre of wetlandlnon-tidal open water for each single and complete linear project*.
d. Stream relocation(s) associated with projects identified in a-c above. Stream relocation
lengths are to be evaluated independently and are not included within each respective maximum
limit threshold for the authorized actions stated above.
�Single and complete linear project: A linear project is a project constructed for the purpose of
getting people, goods, or services from a point of origin to a terminal point, which often involves
multiple crossings of one or more waterbodies at separate and distant locations. The term "single
and complete project" is defined as that portion of the total linear project proposed or
accomplished by one owner/developer or partnership or other association of owners/developers
that includes all crossings of a single water of the U.S. (i.e., a single waterbody) at a specific
location. For linear projects crossing a single or multiple waterbodies several times at separate
and distant locations, each crossing is considered a single and complete project for purposes of
this RGP. However, individual channels in a braided stream or river, or individual arms of a
large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of
such features cannot be considered separately.
Generally, off-site detours are preferred to avoid and minimize impacts to the human and natural
environment. However, if an off-site detour is considered impracticable, then an on-site detour
may be considered as a necessary component of the actions described above. Impacts from the
detour may be considered temporary and may not require compensatory mitigation if the
impacted area is restored to its pre-project condition after construction is complete. If the
construction of a detour (on-site or off-site) includes standard undercutting methods, removal of
all material and backf'illing with suitable material is required.
1. Special Conditions.
a. The applicant must submit a pre-construction notification (PCN) with specified
attachments to the District Engineer and receive written verification from the Corps that the
proposed work complies with this RGP prior to commencing any activity authorized by this
RGP.
b. If the proj ect will not impact a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA), then a consistency submission is not required. If the project will
impact a designated AEC and meets the definition of "development", then the applicant must
2

obtain the required CAMA permit. Development activities may not commence until a copy of
the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field
Ofiice (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or
Washington Field Office — 2407 West Sth Street, Washington, NC 27889).
The twenty (20) CAMA counties in North Carolina include Beaufort, Bertie, Brunswick, Camden,
Carteret, Chowan, Craven, Currituck, Dare, Gates, Hei�tford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington.
c. Discharges into Waters of the U.S. designated by either the North Carolina Division
of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC)
as anadromous fish spawning areas are prohibited during the period between February 1 and June
30, without prior written approval from NCDMF, NCWRC, National Marine Fisheries Service
(NMFS), and the Corps. Discharges into waters of the U.S. designated by NCDMF as primary
nursery areas and discharges into waters of the U.S. designated by NCWRC as primary nursery
areas in inland waters shall be coordinated with NCDCM (per existing agreement with NCDMF)
and NCWRC prior to being authorized by this RGP. Coordination with NCDCM and NCWRC
may result in a required construction moratorium during periods of significant biological
productivity or critical life stages.
The applicant should contact:
NC Division of Marine Fisheries
3441 Arendell Street
Morehead City, NC 28557
Telephone [phone]
or 800-682-2632
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
1721 Mail Service Center
Raleigh, NC 27699-1721
Telephone [phone]
d. This permit does not authorize the use of culverts in areas designated as anadromous
fish spawning areas by the NCDMF or the NCWRC.
e. Waters of the U.S. designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from NMFS.
f. If the proj ect is located within the twenty (20) counties of North Carolina designated as
coastal counties by CAMA, then all pipe and culvert inverts will be buried at least one foot
below normal bed elevation when they are placed within the Public Trust AEC and/or the
Estuarine Waters AEC as designated by CAMA. If the project is not located within the twenty
(20) counties of North Carolina designated as coastal counties by CAMA, then culvert inverts
will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in
diameter. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as
practicable and appropriate to maintain aquatic passage, and every effort shall be made to
maintain the existing channel slope. The potential for destabilization of the channel and head
cutting upstream should be considered in the placement of the culvert. A waiver from the depth
specifications in this condition may be requested in writing. The waiver will only be issued if it
can be demonstrated that the impacts of complying with this condition would result in more
adverse impacts to the aquatic environment. Culverts placed in wetlands do not have to be buried.

g. No work shall be authorized by this RGP within the twenty coastal counties, as defined
by the NCDCM, without prior consultation with NOAA Fisheries. For each activity reviewed by
the Corps where it is deterinined that the activity may affect Essential Fish Habitat (EFH) for
federally managed species, an EFH Assessment shall be prepared by the applicant and
forwarded to the Corps and NOAA Fisheries for review and comment prior to authorization of
work.
h. Discharges of dredged or fill material into waters of the U.S., including wetlands, must
be minimized or avoided to the maximum extent practicable.
i. No activity may result in substantial permanent disruption of the movement of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by widening the stream channel or by reducing the depth of the
stream in connection with the construction activity. It is acceptable to use rock vanes at culvert
outlets to ensure, enhance, or maintain aquatic passage. Pre-formed scour holes are acceptable
when designed for velocity reduction. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gauge data, if available. In the
absence of such data, bankfull flow can be used as a comparable level. Where adjacent floodplain
is available, flows exceeding bank-full should be accommodated by installing culverts at the
floodplain elevation, if practicable. If multiple culyerts are used, the construction of floodplain
benches and/or sills to maintain base flow is required, if practicable.
j. Upon completion of any work authorized by this RGP, all temporary fills (to include
culverts, etc.) will be completely removed from waters of the U.S. and the areas will be restored
to preconstruction conditions, to include pre-project elevations and contours, restoring natural
hydrology and stream corridors, and reestablishing native vegetation/riparian corridors. This
work will be completed within 60 days of completion of project conshuction. If this timeframe
occurs while a required moratorium of this permit is in effect, the temporary fill shall be
removed in its entirety within 60 days of the moratorium end date. If vegetation cannot be
planted due to the time of the year, a11 disturbed areas will be seeded with a native mix
appropriate for the impacted area, and vegetation will be planted in the fall. A native seed mix
may contain non-invasive small grain annuals (e.g. millet and rye grain) to ensure adequate cover
while native vegetation becomes established. The PCN must include a restoration plan showing
how all temporary fills and structures will be removed and how the area will be restored to pre-
project conditions.
k. All activities authorized by this RGP shall, to the extent practicable, be conducted "in
the dry", with barriers installed between work areas and aquatic habitat to protect that habitat
from sediment, concrete, and other pollutants. Where concrete is utilized, measures will be taken
to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact
with waters of the U.S. until the concrete has cured/hardened. All water in the worlc area that has
been in contact with concrete shall only be returned to waters of the U.S. when it no longer poses
a threat to aquatic organisms (concrete is set and cured).
1. In cases where new alignment approaches are to be constructed and the existing
approach fill in waters of the U.S. is to be abandoned and no longer maintained as a roadway, the
L!

abandoned fill shall be removed and the area will be restored to preexisting wetland/stream
conditions and elevations, to include restoring natural hydrology and stream corridors, and
reestablishing native vegetation/riparian corridors, to the extent practicable. This activity may
qualify as compensatory mitigation credit for the project and will be assessed on a case-by-case
basis in accordance with Special Conditions "q" and "r" below. A restoration plan detailing this
activity will be required with the submittal of the PCN.
m. To the maximum extent practicable, the pre-construction course, condition, capacity,
and location of open waters must be maintained for each activity, including stream
channelization and storm water management activities, except as provided below. The activity
must be constructed to withstand expected high flows. The activity must not restrict or impede
the passage of normal or high flows. 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).
n. The project must be implemented and/or conducted so that all reasonable and
practicable measures to ensure that equipment, structures, fiii pads, and work associated with the
project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but
are not limited to, channel instability, flooding, and/or shoreline/streambank erosion. During
construction, the permittee shall routinely monitor for these effects, cease all work if/when
detected, take initial corrective measures to correct actively eroding areas, and notify the Corps
immediately. Permanent corrective measures may require additional authorization from the
Corps.
o. All PCNs will describe sedimentation and erosion control structures and measures
proposed for placement in waters of the U.S. To the extent practicable, structures and measures
should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional
wetlands and streams. In addition, appropriate soil and erosion control measures must be
established and maintained during construction. All fills, temporary and permanent, must be
adequately stabilized at the earliest practicable date to prevent erosion of fill material into
adj acent waters or wetlands.
p. Before discharging dredged or fill material into waters of the U.S. in the twenty-five
(25) mountain counties of North Carolina, the applicant will submit a PCN to the NCWRC and
the Coips concurrently. The PCN shall summarize altel�atives to conducting work in mountain
trout waters considered during the planning process, detail why alternatives were or were not
selected, and contain a compensatory mitigation plan for all unavoidable adverse impacts to
mountain trout waters. For proposals where a bridge is replaced with a culvert, the PCN must
also include details of any on-site evaluations that were conducted to determine that installation
of a culvert will not adversely affect passage of fish or other aquatic biota at the project site. This
information must include factors such as the proposed slope of the culvert and determinations of
how the slope will be expected to allow or impede passage, the necessity of baffles and/or sills to
ensure passage, design considerations to ensure that expected baseflow will be maintained for
passage and that post-construction velocities will not prevent passage, site conditions that will or
will not allow proper burial of the culvert, existing structures (e. g., perched culvei�ts, waterfalls,
etc.) and/or stream patterns up and downstream of the culvert site that could affect passage and
bank stability, and any other considerations regarding passage. The level of detail for this
information should be based on site conditions (i.e., culverts on a slope over 3% will most likely
5

require more information than culverts on a slope that is less than 1%, etc.). Also, in order to
evaluate potential impacts, describe bedforms that will be impacted by the proposed culvert —
e.g., pools, glides, riffles, etc. The NCWRC will respond both to the proponent and directly to the
Corps.
The twenty-five (25) designated trout counties of North Caxolina include Alleghany, Caldwell,
Watauga, Ashe, Mitchell, Wilkes, Avery, Burke, Stokes, Suny, Buncombe, Henderson, Polk,
Cherokee, Jackson, Rutherford, Clay, Macon, Swain, Graham, Madison, Transylvania,
Haywood, McDowell, and Yancey.
The applicant may contact NCWRC at:
North Carolina Wildlife Resources
Commission
Ms. Marla Chambers
Western NCDOT Permit Coordinator
206 Charter Street
Albemarle, NC 28001
Office: 704-982-9181
q. Compensatory mitigation will be required for permanent impacts resulting in a loss of
waters of the U.S., including wetlands, from culvertslpipes and associated fill. Mitigation will
also be required for stream relocation projects. The applicant will attach a proposed mitigation
plan to the PCN. Mitigation proposals will be in accordance with currently approved
Wilmington District and/or Corps-wide mitigation regulations and guidance. The Corps Project
Manager will make the final determination concerning the appropriate amount and type of
mitigation.
r. Stream relocation(s) associated with projects may be authorized under this RGP. As
stated above, mitigation will be required for all relocation pzoj ects. If the stream relocation is
conducted in accordance with the requirements stated below in 1-5, the relocated segment of
stream may* be considered toward reducing the amount of compensatory mitigation required. A
relocation plan must be submitted with the PCN that addresses all factors required within the
current Wilmington District, Corps of Engineers Stream Mitigation Guidelines, which can
include, but may not be limited to:
(1) The relocated stream has pattern, profile, and dimension based on natural
channel design. If natural channel design construction is not possible due to site constraints, the
relocated stream must have pattern, proiile, and dimension similar to, or better than, the existing
stream. Note that site constraints do not include those situations where NCDOT chooses not to
acquire additional adj acent property that is available for purchase.
(2) The new stream meets the current buffer requirements as stated in current
District stream mitigation guidance. If the required buffer widths cannot be obtained, a project-
by-project decision will be completed to determine if additional compensatory mitigation is
required.
(3) The new location allows the relocated sneam to remain stable (e.g., in a
C.�

valley vs. on a slope, no bends that will impact stability, etc.).
(4) There is no loss of channel for any reason (e.g., old channel is 200' and new
channel is 150' = 50' channel loss; part of the new channel is put in a culvert; the new channel
(sides and bottom) is hardened with concrete, rip rap, etc.).
(5) The Corps will determine if monitoring and reporting will be required for a
specific project and the parameters of any required monitoring and reporting. If monitoring is
required, a monitoring plan must be included with the PCN and meet current requirements.
All relocation plans must clearly depict both the existing channel and the proposed (relocated)
channel.
* Conducting stream relocation(s) in accordance with 1-5 above may not fully compensate for
the impact and may require additional compensatory mitigation. The Cozps Project Manager
wiil determine if the proposed amount of mitigation is adequate on a project-by-project basis.
If stream relocation cannot be conducted in accordance with 1-5 above, mitigation at a 2:1 ratio
will typically be required unless: (1) the applicant provides a Stream Quality Assessment
Worksheet or NCSAM documentation (when available) that supports a different mitigation
ratio; (2) the Corps Project Manager determines that the relocated stream, while not in full
compliance with 1-5 above, wanants partial mitigation, or; (3) the Corps determines that the
existing stream is an excellent quality stream, in which case a 3:1 mitigation ratio may be
required. The Corps Project Manager will make the final determination concerning the
appropriate amount and type of mitigation.
If the Corps determines that the proposed stream relocation is of such a magnitude that it cannot
be authorized by this RGP, an Individual Permit will be required.
s. The applicant shall sign and return the compliance certificate that is attached to the
RGP verification letter.
t. In the event that any Federal agency maintains an objection or any required State
authorization is outstanding, no notice to proceed will be given until objections are resolved and
State authorizations are issued.
u. The Corps may piace additional special conditions, limitations, or restrictions on any
verification of the use of RGP 31 on a project-by-project basis.
2. General Conditions.
a. Except as authorized by this RGP or any Cotps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place within waters or wetlands,
at any time in the construction or maintenance of this proj ect. This pei�rnit does not authorize
temporary placement or double handling of excavated or fill materiai within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities connected
with this proj ect.
7

b. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of the
applicable CWA Section 401 Water Quality Certification for this RGP issued by the NCDWR.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the proj ect must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
worlc for a zeason other than safety.
f. The permittee understands and agrees that, if future operations by the U.S. require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the U.S. No claim shall be made against
the U.S. on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the U.S. and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
affected water of the U. S. to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This RGP does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This RGP does not authorize the interference with any existing or proposed federal
project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted

or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the U.S. in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this RGP may be modified, suspended or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action is in the best public interest. The term of this RGP shall be five (5) years unless
subject to modification, suspension or revocation. Any modiiication, suspension or revocation of
this authorization will not be the basis for any claim for damages against the U.S. Government.
n. This RGP does not authorize any activity, which the District Engineer determines,
after any necessary investigations, will adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic
and recreational rivers established by state and local entities.
(2) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
(3) NOAA designated marine sanctuaries, National Estuarine Research Reserves,
and coral reefs.
(4) Submerged Aquatic Vegetation (SAV) as defined by the N.C. Division of
Marine Fisheries at 15A NCAC 03I.O101(4)(i)).
o. Endangered Species.
(1) No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species proposed for
such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is
authorized under this RGP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees (and when FHWA is the lead federal agency) must
provide the district engineer with the appropriate documentation to demonstrate compliance with
�

those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA
consultation is necessary.
(3) Non-federal permittees must submit a PCN to the district engineer if any
listed species or designated critical habitat might be affected or is in the vicinity of the project, or
if the proj ect is located in designated critical habitat, and shall not begin work on the activity
until notified by the district engineer that the requirements of the ESA have been satisfed and
that the activity is authorized. For activities that might affect federally-listed endangered or
threatened species or designated critical habitat, the PCN must include the name(s) of the
endangered or threatened species that might be affected by the proposed work or that utilize the
designated critical habitat that might be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non-federal applicant of the Corps'
determination within 45 days of receipt of a complete PCN notification. In cases where the non-
federal applicant has identified listed species or critical habitat that might be affected or is in the
vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the
Corps has provided notification that the proposed activities will have "no effect" on listed
species or critical habitat, or until Section 7 consultation has been completed. 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.
(4) As a result of formal or informal consultation with the U.S. Fish and
Wildlife Service (USFWS) or NMFS, the district engineer may add species-specific
endangered species conditions to the RGP.
(5) Authorization of an activity by a RGP does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the
jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word
"harm" in the definition of "take" means an act which actually l�ills 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.
(6) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world
wide web pages at http://www.fws.govl or http://www.fws.gov/ipac and
http:l/www.noaa.gov/fisheries.html respectively.
p. The permittee is responsible for obtaining any "take" permits required under the
USFWS's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and
Golden Eagle Protection Act. The permittee should contact the appropriate local office of the
USFWS to determine if such "take" permits are required for a particular activity.
q. For proposed activities the sixteen counties listed below, applicants must provide a
10

copy of the PCN to the USFWS, 160 Zillicoa Street, Asheville, North Carolina 28801. This
PCN must be sent concurrently to the USFWS and the Corps Project Manager for that specific
county.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville USFWS: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon
Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey.
Applicants may contact the appropriate USFWS office listed below or the US Army Colps of
Engineers :
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville USFWS Office counties: All counties west of and including Anson, Stanly, Davidson,
Forsyth and Stokes Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh USFWS Office counties: all counties east of and inciuding Richmond, Montgomery,
Randolph, Guilford, and Rockingham Counties.
r. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
s. The permittee must make every reasonable effort to perform the work authorized
herein in a manner so as to minimize any adverse impact on fish, wildlife and natural
environmental values.
t. All activities authorized by this RGP that involve the use of riprap material for
bank stabilization, the following measures shall be applied:
(1) Filter cloth must be placed underneath the riprap as an additional requirement
of its use in North Carolina waters.
(2) The placement of riprap shall be limited to the areas depicted on submitted
work plan drawings and not be placed in a manner that prevents or impedes fish passage.
(3) The riprap material shall be clean and free from loose dirt or any pollutant
11

except in trace quantities that will not have an adverse environmental effect.
(4) It shall be of a size sufficient to prevent its movement from the
authorized alignment by natural forces under normal conditions.
(5) The riprap material shall consist of clean rocic or masonry material such as,
but not limited to, granite, marl, or broken concrete.
(6) A waiver from the specifications in this general condition may be requested in
writing. The waiver will only be issued if it can be demonstrated that the impacts of complying
with this condition will result in greater adverse impacts to the aquatic environment.
u. The permittee must install and maintain, at his expense, any signallights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
v. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this permit will automatically transfer this permit to the
property's new owner, with all of the rights and responsibilities enumerated herein. The
permittee must inform any subsequent owner of all activities undertaken under the authority of
this permit and provide the subsequent owner with a copy of the terms and conditions of this
permit.
w. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this RGP will not be applicable to a specific proposal. In such
case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be
available.
x. The activity must comply with applicable FEMA approved state or local floodplain
management requirements.
y. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
z. All excavated material will be disposed of in approved upland disposal areas.
aa. Historic Properties.
(1) In cases where the district engineer determines that the activity may affect
properties listed, or eligible for listing, in the National Register of Historic Places (NRHP), the
activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
12

(2) Federal permittees (or when FHWA is the lead federal agency) should follow
their own procedures for complying with the requirements of Section 106 of the NHPA. Federal
permittees must provide the district engineer with the appropriate documentation to demo,nstrate
compliance with those requirements. The district engineer will review the documentation and
determine whether it is sufficient to address Section 106 compliance for this RGP activity, or
whether additional Section 106 consultation is necessary.
(3) Non-federal permittees must submit a PCN to the district engineer if the
authorized activity may 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 NRHP, including
previously unidentified properties. For such activities, the PCN must state which historic
properties may be affected by the proposed work or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic propei�ties.
Assistance regarding information on the location of or potential for the presence of historic
resources can be sought from the State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Officer (THPO), as appropriate, and the NRHP (see 33 CFR 330.4(g)). When
reviewing PCNs, disnict engineers will comply with the culment procedures for addressing the
requirements of Section 106 of the NHPA. The district engineer shall make a reasonable and
good faith effor-t to cai7y out appropriate identification efforts, which may include background
research, consultation, oral history interviews, sample field investigation, and field survey.
Based on the information submitted and these efforts, the district engineer shall determine
whether the proposed activity has the potential to cause an effect on the historic properties.
Where the non-federal applicant has identified historic propei�ties on which the activity may
have the potential to cause effects and so notified the Corps, the non-federal applicant shall not
begin the activity until notified by the district engineer either that the activity has no potential to
cause effects or that consultation under Section 106 of the NHPA has been completed.
(4) The district engineer will notify the prospective permittee within 45 days of
receipt of a complete PCN whether NHPA Section 106 consultation is required. Section 106
consultation is not required when the Coips determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA Section 106
consultation is requued and will occur, the district engineer will notify the non-federal applicant
that he or she cannot begin worlc until Section 106 consultation is completed. If the non-federal
applicant has not heard back from the Corps within 45 days, the applicant must still wait for
notification fiom the Corps.
(5) Prospective permittees should be aware that Section 1 l Ok of the NHPA (16
U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit will relate, or having legal
power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after
consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by
the applicant. If circumstances justify granting the assistance, the Corps is required to notify the
ACHP and provide documentation specifying the circumstances, the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian t�ibes if the
13

undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
bb. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the NRHP.
cc. There will be no ur�easonable interference with navigation or the right of the public
to riparian access by the existence or use of activities authorized by this RGP.
dd. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance. �
ee. This RGP will not be applicable to proposed construction when the Wilmington
District Engineer determines that the proposed activity will significantly affect the quality of
the human environment and determines that an EIS must be prepared.
ff. Activities which have commenced (i.e. are under construction) or are under contract
to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit which were in
effect at the time the activity was completed continue to be authorized by the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
���� Pc
Kevin P. nders Sr.
Colonel, . S. Army
District Commander
14

NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Utility Line Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2-acre of waters of the United States for each
single and complete project.
Utilitv lines: This NWP authorizes the construction, maintenance, or repair of utility
lines, including outfall and intake structures, and the associated excavation, backfill, or bedding
for the utility lines, in all waters of the United States, provided there is no change in pre-
construction contours. A"utility line" is defined as any pipe or pipeline for the transportation of
any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and
radio and television communication. The term "utility line" does not include activities that drain
a water of the United States, such as drainage tile or french drains, but it does apply to pipes
conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the
trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backiilling with extensive gravel layers, creating a french drain effect). Any
exposed slopes and stream banks must be stabilized immediately upon completion of the utility
line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction, maintenance, or
expansion of substation facilities associated with a power line or utility line in non-tidal waters
of the United States, provided the activity, in combination with all other activities included in
one single and complete project, does not result in the loss of greater than 1/2-acre of waters of
the United States. This NWP does not autharize discharges into non-tidal wetlands adjacent to
tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes
the construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
Access roads: This NWP authorizes the construction of access roads for the construction
and maintenance of utility lines, including overhead power lines and utility line substations, in
non-tidal waters of the United States, provided the activity, in combination with all other
activities included in one single and complete project, does not cause the loss of greater than 1/2-
acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-
1

tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width
necessary (see Note 2, below). Access roads must be constructed so that the length of the road
minimizes any adverse effects on waters of the United States and must be as near as possible to
pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel
roads). Access roads constructed above pre-construction contours and elevations in waters of the
United States must be properly bridged or culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable waters of the United
States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over section 10 waters and utility lines that are routed in or
under section 10 waters without a discharge of dredged or fill material require a section 10
permit.
This NWP also authorizes temporary structures, fills, and work necessary to conduct the
utility line activity. Appropriate measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when temporary structures, work, and
discharges, including cofferdams, are necessary for construction activities, access fills, or
dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in
their entirety and the affected areas returned to pre-construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if any of the following criteria are met: (1) the activity
involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a
section 10 permit is required; (3) the utility line in waters of the United States, excluding
overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e.,
water of the United States), and it runs parallel to or along a stream bed that is within that
jurisdictional area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the
United States; (6) permanent access roads are constructed above grade in waters of the United
States for a distance of more than 500 feet; or (7) permanent access roads are constructed in
waters of the United States with impervious materials. (See general condition 31.) (Sections 10
and 404)
Note 1: Where the proposed utility line is constructed or installed in navigable waters of
the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and
United States territories, copies of the pre-construction notification and NWP verification will be
sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National
Ocean Service (NOS), for charting the utility line to protect navigation.
Note 2: Access roads used for both construction and maintenance may be authorized,
provided they meet the terms and conditions of this NWP. Access roads used solely far
construction of the utility line must be removed upon completion of the work, in accordance with
the requirements for temporary fills.
Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry
substances over navigable waters of the United States are considered to be bridges, not utility
lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers
and Harbors Act of 1899. However, any discharges of dredged ar fill material into waters of the
United States associated with such pipelines will require a section 404 permit (see NWP 15).
2

Note 4: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP
verification will be provided to the Department of Defense Siting Clearinghouse, which will
evaluate potential effects on military activities.

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navi a� tion. (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 autharized 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 worlc herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
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. Mi rg atory 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 autharized by N�WPs 4 and
48, or is a shelliish 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 far construction or discharged must be free from toXic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Su�ly Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is far the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
�

8. Adverse Effects From Im�oundments. 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 and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
ll. 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.
13. Removal of Tempora .r�. 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. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a"study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation ar study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
5

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and trea�y fishing and hunting rights.
18. Endan ere�d Species. (a) No activity is authorized under any NWP which is lilcely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally-listed
endangered or threatened species or designated critical habitat, the pre-construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non-
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-
construction notiiication. In cases where the non-Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, ar unti] Section 7 consultation
has been completed. If the non-Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a 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
U.S. 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 deiinition 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.
0

(� Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
htt�://www.noaa.�ov/fisheries.html respectively.
19. Mi_r� atory Birds and Bald and Golden Ea�. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, ar eligible for listing, in the National Register of Historic
Places, the activiry is not authorized, 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. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may 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 may be affected
by the proposed wark ar include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, aral histary interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identi�ed historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non-Federal
applicant shall not begin the activity until notiiied by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). IfNHPA
7

section 106 consultation is required and will occur, the district engineer will notify the non-
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 1 l Ok of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters ar state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorizedby NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, far any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
:

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maXimum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less
that require pre-construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option
considered.
(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NWP verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) —(14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in-lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre-construction notiiication,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of
0

the United States, even if compensatary mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(� Compensatory mitigation plans for projects in or near streams ar other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. 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 establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate
permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee-responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the
special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required,
its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safet.�poundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non-Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modiiications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individua1401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer ar
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
10

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Re�ional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification ]etter
from the Corps must provide a signed certification documenting completion of the authorized
activity and 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:
11

(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
3 L Pre-Construction Notification. (a) Timin�. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed to malce the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district ar division
engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 18 that listed species ar critical habitat might be affected or in the vicinity of the
project, or to notify the Corps pursuant to general condition 20 that the activity may have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, ar that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(�) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, wark cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure 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 infarmation:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
12

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United S�ates expected to result from the NWP activity, in acres, ]inear feet, ar
other appropriate unit of ineasure; any other NWP(s), regional general permit(s), or individual
permit(s) used ar intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Slcetches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work ar include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Farm ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) A�ency 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 project's adverse
environmental effects to a minimal level.
13

(2) Far 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, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre-construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that
require pre-construction notification, 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 (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site-specific comments.
The comments must explain why the agency believes the adverse 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 the net adverse environmental effects to the aquatic environment of the
proposed activity are 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 ar 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.
(3) 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.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre-construction notifications to expedite agency coordination.
D. District En�ineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 3001inear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal adverse effects. When making minimal effects determinations the
district engineer will consider the direct and indirect effects caused by the NWP activity. The
district engineer will also consider site speciiic factors, such as the environmental setting in the
14

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
ar magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case-specific special conditions to the NWP
authorization to address site-specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
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 priar 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 no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity-specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
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 project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is autharized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no mare than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period, with activity-specific
15

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minima] level. When
mitigation is required, no work in waters of the United States may occur until the district
engineer has approved a speci�c mitigation plan or has determined that priar approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best mana eg ment practices (BMPs�: Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory miti _ a� tion: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currentiv serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Dischar�e: The term "discharge" means any discharge of dredged or iill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation�: The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
16

of actual data, by a line of oil or scum along shore objects, a mare or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached by
a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
arganization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear
project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi-phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, ar drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or iill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters far determining whether a project may qualify far 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. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily iilled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(� of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
17

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the share
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site witb the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and �ool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle andpool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Ri�arian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
:

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish seedin�: 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 appropriate materials placed into waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 3302(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Starmwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
19

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wefland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(�, respectively. Tida] waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
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 jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.
20

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.•
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. However the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five yea� Nationwide Permit �enewal cycle, in response to policy mandates o� technology
advances. While we will make every effort to check on the integrity of our web links and provide
re-direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any b�oken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Enginee�s, to the "Permits " section of ou�
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Fina12012 Regional Conditions for Nationwide Permits (NWP) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
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2.0 Waters Requiring Additional Notif'ication
The Corps has identified waters that wil] be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre-Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: http://www.saw.usace.army.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
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2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West Sth Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
http://�ortal.ncdenr.or�/web/wq/sw�/ws/pdu/ncwam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
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impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
]ocation of wark, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Western Piedmont Region Alleghany Caldwell Watauga
Coordinator
20830 Great Smoky Mtn. Ashe Mitchell Wilkes
Expressway
Wa nesville, NC 28786 Ave Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Cherokee Jackson Rutherford
Ex ressway
Waynesville, NC 28786 Clay Macon Swain
Tele hone: [phone] Graham Madison Trans lvania
Fax: [phone] Haywood McDowell Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case-by-case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, ar flooded by the proposed activity. Waivers far the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to tbe 3001inear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Infarmation can be found at:
http://www.saw.usace.arm_y.mil/wetlands/permits/nwp/nwp2012 (see "Quick Links")
24

3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 1501inear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
Far all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
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3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5-minute quadrangle maps.
Circular
Culvert
Streambed
Material
�
121nches �
Rise
(Oiameter)
Inve�t
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
26

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and Apri130 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
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4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #12 - Utility Line Activities
4.11. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
4.1.2. Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non-erodible materials.
4.1.3. 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 applicant is required to provide this information to the
Corps with the initial notification package.
4.1.4. In areas where a sub-aqueous utility line is to cross a federally-maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the allowable overdepth of the authorized channel, including all side slopes. For areas outside
federally-maintained channels, sub-aqueous lines must be installed at a minimum depth of two
(2) feet below tbe substrate when such lines might interfere with navigation.
41.5. The minimum clearance*(see NOTE in 4.3.6.) for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance required for nearby
stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has
not established a bridge clearance, minimum vertical clearances for power and aerial lines will
not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical
Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI
C2.
:

4.1.6. The minimum clearance* for an aeria] line, transmitting electrical power, is based on the
low point of the line under conditions that produce the greatest sag, taking into consideration
temperature, load, wind, length or span and the type of supports. The minimum clearance for an
aerial electrical power transmission line crossing navigable waters of the US shall be governed
by the system voltage, as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance (As
Established by the U.S. Coast
Guard)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary
bridge, including a� infrastructure attached to underside of the bridge, and the Mean High
Water (MHW) of the navigable waters of the US beneath the bridge.
41.7. On navigable waters of the US, including all federal navigation projects, where there is no
bridge for reference for minimum clearance, the proposed project will need to be reviewed by the
US Army Corps of Engineers in order to determine the minimum clearance between the line and
MHW necessary to protect navigational interests.
4.1.8. 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 to the maximum extent
practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not
be used.
4.1.9. For the purposes of this NWP, any permanently maintained corridor along the utility ROW
within forested wetlands shall be considered a permanent impact and a compensatory mitigation
plan will be required for all such impacts associated with the requested activity.
4.1.10. Use of rip-rap or any other engineered structures to stabilize a stream bed should be
avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed
only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top
elevation of the riprap should not exceed that of the original stream bed.
29

41.11. When directional boring or horizontal directional drilling (HDD) under waters of the
U.S., including wetlands, permittees shall closely monitor the project for hydraulic fracturing or
"fracking." Any discharge from hydraulic fracturing or "fracking" into waters of the U.S.,
including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48
hours. Restoration and/or mitigation may be required as a result from any unintended
discharges.
30