20081716 Ver 1_Other Agency Comments_20090106

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U.S. ARMY CORPS OF ENGINEERS 6-6
WILMINGTON DISTRICT
Action ID SAW-2008-03314 TIP No U-3849 State Project No 8 2443601 County Cumberland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant North Carolina Department of Transportation
Address Gregory J Thorpe, PhD
Environmental Management Director
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone Number [phone]
Size and Location of project (waterway, road name/number, town, etc )-
Crossing 1 - 310 linear feet of 8-foot by 8-foot RCBC at SR 1363 centerlme station 46+20 in an unnamed
tributary to Little Rockfish Creek and the relocation of 110 linear feet of stream channel m Cumberland County,
North Carolina
Crossing 2 - 180 linear feet of 66-mch RCP at SR 1363 centerlme station 61+38 in an unnamed trbutary to
Little Rockfish Creek in Cumberland County, North Carolina
Description of Activity
Crossing 1 - remove existing 60-mch CMP and replace with 310 linear feet of 8-foot by 8-foot RCBC on a
different skew and widen SR 1363 to four lanes impactmg 436 linear feet of stream channel and 0 03 acre of
jurisdictional wetlands in unnamed tributary #1 (RGP 31)
Crossing 2 - remove 110 linear feet of existing 42-mch RCP and replace with 180 linear feet of 66•mch RCP
and widen SR 1363 to four lanes impacting 118 linear feet of stream channel and O 1 acre of jurisdictional wetlands in
unnamed tributary #2 (NWP 14)
Applicable Law. X Section 404 (Clean Water Act, 33 U S C 1344)
Section 10 (River and Harbor Act of 1899)
Authorization 14 Nationwide Permit Number
31 Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in
strict accordance with the attached conditions and your submitted plans If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N C Division of Environmental Management, telephone [phone]
Please read and carefully comply with the attached conditions of the RGP or NWP Any violation of the conditions of
the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action
This Department of the Army RGP or NWP verification does notrelieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits The permittee may need to contact appropriate State and
local agencies before beginning work
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, reissued or revoked If, prior to the expiration date identified below, the nationwide permit authorization is
reissued and/or modified, this verification will remain vald until the expiration date identified below, provided(( iit?t (?/](?
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complies with all modifications If the nationwide permit authorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply with the terms and conditioB 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 completed within twelve months of the dateof the
nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case
by-case basis to modify, suspend or revoke the authorization
If there are any questions regarding this authorization or any ofthe conditions of the RGP or NWP, please contact the
Corps Regulatory Official specified below The Wilmington District is committed to providing the highest level of
support to the public To help us ensure we continue to do so, please complete the customer Satisfaction Survey onlme
at http //regulatory usacesurvev com/
Date 22 December 2008
Expiration Date of Verification ,22 December 2011
Corps Regulatory Official Richd ` Telephone No [phone]
The Wilmington District is committed to providing the highest level of support to the public To help us ensue we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http //regulatory usacesurvey com/ to complete the survey onlme
CF Mr Jun Rerko, NCDOT Div 6
Ms Veronica Barnes, NCDOT-PDEA
Mr Brian Wrenn, NCDWQ
Mr Ken Averitte, NCDWQ
Ms Thelma Hemingway, USACE RG-L

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Action ID- SAW-2008-03314 TIP No U-3849 State Project No 8 2443601 County Cumberland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
1 Compensatory mitigation for the unavoidable impacts to 013 acre ofjurisdictional riparian wetlands and
554 Imear feet of warm water stream channel impacted by the proposed project shall be mitigated by
NCDOT through the NCEEP by providing 015 acre of riparian wetland equivalent and 554 linear feet of
warm water stream channel equivalentin the Cape Fear Raver Basin (Hydrologic Cataloging Unit
03030004)
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DEPARTMENT OF THE ARMY
Wilmington Distnct, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Regional General Permit No. 198200031
Name of Permittee: General Public
Effective Date: November 1, 2008
Expiration Date: October 31, 2013
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 authonty of the
Secretary of the Army by the
Distnct Engineer
U S Army Engineer Distnct, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS
OF THE UNITED STATES, INCLUDING WETLANDS, ASSOCIATED WITH THE
CONSTRUCTION, MAINTENANCE AND REPAIR OF BRIDGES, INCLUDING
COFFERDAMS, ABUTMENTS, FOUNDATION SEALS, PIERS, APPROACH FILLS,
DETOUR FILLS, BOX CULVERT INSTALLATION AND TEMPORARY
CONSTRUCTION AND ACCESS FILLS, IN WATERS OF THE UNITED STATES AS
PART OF WORK CONDUCTED BY THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (NCDOT) OR OTHER STATE, FEDERAL OR LOCAL
GOVERNMENTAL ENTITY, IN THE STATE OF NORTH CAROLINA.
1 Snecial Conditions
a Wntten confirmation that the proposed work complies with this RGP must be received
from the Wilmington Distnct Engineer pnor to the commencement of any work To enable this
determination to be made, the permittee must fumish the Wilmington Distnct Engineer a pre-
construction notification with the following information
(1) A map indicating the location of the work
(2) Plans of the proposed work showing all pertinent structures, elevations, dimensions
and quantities of materials and locations of all structures and/or fill in wetlands or waterward of
the normal/high water elevation contours
(3) A brief discussion of the affected aquatic resources, including streams and wetlands
The discussion shall include the identification and types of vegetation present
(4) Approximate commencement and completion dates
(5) A description of methods to be employed to avoid and/or minimize permanent and
temporary impacts to aquatic resources caused by the proposed work
(6) Plans, including timetables and techniques, for construction, stabilization and
removal of all unavoidable temporary fills
(7) Names and addresses of adjoining property owners
b In the case of fills of one acre or less, including permanent approach fills, detour fills and
fills associated with culvert installation, the Corps of Engineers' Project Manager will determine,
after appropriate onsite visits and review of plans, if the impacts on aquatic resources, including
streams and wetlands, are likely to be such as to require review by Federal and State agencies If
it is determined that impacts are minimal or can be made iYummal by changes agreed to by the
applicant, a letter of authorization to proceed will be provided If it is determined that review by
Federal and State agencies is necessary to fully evaluate impacts, copies of all plans and
materials will be forwarded to the U S Fish and Wildlife Service (USFWS), the National Marne
Fisheries Service (NMFS), the U S Environmental Protection Agency (EPA) and the North
Carolina Department of Environment and Natural Resources (NCDENR) These agencies will
furnish comments to the Wilmington District Engineer within thirty (30) days
c In cases of fills greater than one acre, copies of all plans and materials will be forwarded
to the USFWS, the NMFS, the EPA and the NCDENR These agencies will furnish comments to
the Wilmington District Engineer in thirty (30) days In cases of land disturbing activities
comprising more than one acre, a Sedimentation/Erosion Control Plan will be filed with the
North Carolina Division of Land Resources, Land Quality Section, thirty (30) days prior to
commencing work
d Where work is proposed within the twenty (20) coastal counties, as defined by the North
Carolina Division of Coastal Management, the applicant shall forward a copy of the pre-
construction notification to
National Marine Fisheries Service
101 Pivers Island Road
2
Beaufort, North Carolina 28516
The counties in which this condition applies are
Bertie Carteret Dare Hyde Pender
Beaufort Chowan Gates Onslow Perquimans
Brunswick Craven New Hanover Pamlico Tyrrell
Camden Currituck Hertford Pasquotank Washington
e 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
f No work will proceed until after the applicant has received written notice to proceed from
the Wilmington District Engineer This notice may include additional conditions and/or
restrictions Copies of the notice to proceed will be furnished to the USFWS, the NMFS, the
EPA and the NCDENR with a brief description of the work, including the area of wetlands
affected and the quantity of fill material
g Upon completion of any work authorized by this RGP, all temporary fills will be
completely removed and the area reestablished as a wetland by restoring natural hydrology and
native vegetation Stream contours and riparian vegetation will be reestablished upon the
removal of temporary culverts In such instances, a restoration plan will be submitted to the
Wilmington District Engineer for approval Information in the restoration plan will be in
accordance with special condition below
h Appropriate soil and erosion control measures must be established and maintained during
construction All fills, temporary and permanent, must be adequately stabilized at the earliest
practicable date to prevent erosion of fill material into adjacent waters or wetlands
i In cases where new alignment approaches are to be constructed and the existing wetland
approach fill is to be abandoned and no longer to be maintained as a roadway, the abandoned fill
shall be removed and the area reestablished as a wetland In such instances, a restoration plan
will be submitted to the Wilmington District Engineer for approval Information in the
restoration plan will be in accordance with special condition below
Discharges of dredged or fill material into waters of the United States, including
wetlands, must be minimized or avoided to the maximum extent practicable In reviewing an
activity, the Wilmington District Engineer will first determine whether the activity will result in
more than minimal adverse environmental affects For activities that are determined to have
more than minimal impacts, compensatory mitigation will be required To expedite the process,
the applicant will provide a mitigation plan with the request for authorization Site specific
mitigation proposals will include, but are not necessarily limited to, a description of work, a
schedule of work and a monitoring plan, and they will be in accordance with currently approved
3
Wilmington District and/or Corps-wide mitigation guidelines The applicant may propose other
forms of mitigation, such as mitigation bank credits or in-lieu fee mitigation with the
notification, which in some situations and at the discretion of the Wilmington District, may be
considered acceptable mitigation
k Activities in any North Carolina designated "Mountain Trout Waters" must comply with
all pH, temperature and turbidity criteria established for such waters by the North Carolina
Wildlife Resources Commission (NCWRC) and/or the North Carolina Division of Water Quality
(NCDWQ) Work that may result in the sedimentation of trout waters will generally be
prohibited from October 15 to April 15, of any year, to avoid impacts on trout spawning
1 Before discharging dredged or fill material into waters of the United States, including
wetlands, in the twenty-five (25) mountain counties of North Carolina that contain trout waters,
the applicant will obtain and provide a letter of comments and recommendations from the
NCWRC on the proposed activities A discussion of alternatives to working in the mountain
trout waters and why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to the mountain trout waters shall also be
submitted with the letter from NCWRC To facilitate coordination with the NCWRC, the
proponent may provide a copy of the notification to the NCWRC concurrent with the notification
to the Distract Engineer The NCWRC will respond both to the proponent and directly to the
Corps of Engineers
The applicant should contact NCWRC in the following NC Trout Counties at
Mr. Ron Linville Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road
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Telephone [phone]
Avery
Stokes
Burke Sung
Mr Dave McHenry Counties
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786
Tele
hone [phone] Clay Macon Swain
p
Fax [phone] Graham Madison Transylvania
Haywood McDowell Yancey
in This perrmt does not authorize the use of culverts in areas designated as anadromous fish
spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North
Carolina Wildlife Resources Commission (NCWRC)
4
n Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the NCWRC as anadromous fish spawning area are
prohibited during the period between February 15 and June 30, without prior written approval
from NCDMF or NCWRC and the Corps Discharges into waters of the United States
designated by NCDMF as primary nursery areas and discharges into waters of the United States
designated by NCWRC as inland nursery areas shall be coordinated with NCDMF and NCWRC
prior to being authorized by this RGP Coordination with NCDMF 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 North Carolina Wildlife Resources Commission
3441 Arendell Street Habitat Conservation Program Manager
Morehead City, NC 28557 1721 Mail Service Center
Telephone [phone] Raleigh, NC 27699-1721
or 800-682-2632 Telephone [phone]
o No activity may result insubstantial 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 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 gage data, if
available In the absence of such data, bankfull flow can be used as a comparable level
p This permit generally allows the permanent installation of culverts to 100 feet in length
For culverts longer than 100 feet, the proposed application will be closely evaluated to determine
if unacceptable impacts on movement of aquatic organisms would result In such cases, approval
may not be provided
q If the project is located within the twenty (20) counties of North Carolina designated as
coastal counties by the Coastal Area Management Act (CAMA), then all pipe and culvert inverts
will be burred 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) quad sheets 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
r 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
cement or 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
state until the concrete has hardened Water in the work area will be pumped to holding and
settling ponds as practicable, and water will not be allowed to re-enter the water column until
decanted
s If the project authorized by this RGP is proposed by a Federal or State agency, and is
located within the twenty (20) counties of North Carolina designated as coastal counties by the
CAMA, then prior to project initiation the proponent must obtain a consistency concurrence that
the proposed project would be consistent with the state's coastal management program from the
N C Division of Coastal Management (DCM) A copy of the state's consistency approval must
be provided to the appropriate Wilmington District Regulatory Office at the following address.
Wilmington Regulatory Field Office Washington Regulatory Field Office
P.O. Box 1890' P O Box 1000
Wilmington, NC 28402 Washington, NC 27889
The state's consistency approval will be conveyed in the form of a CAMA permit if the project is
located within a designated CAMA Area of Environmental Concern (AEC), and will be
conveyed in the form of a Consistency concurrence letter from DCM if the project is not located
within a designated CAMA AEC
t No work shall be authorized by the RGP within the twenty coastal counties, as defined by
the North Carolina Division of Coastal Management, without prior consultation with NOAA
Fisheries For each activity reviewed by the Corps of Engineers where it is determined that the
activity may affect Essential Fish Habitat (EFH) for Federally managed species, an EFH
Assessment shall be prepared by the applicant and forwarded to the Corps of Engineers and
NOAA Fisheries for review and comment prior to authorization of work
u All work will comply with Water Quality Certification No 3404, issued by the NCDWQ
on 30 September 2008
v The activity must be designed to maintain preconstruction downstream now conditions
(e g, location, capacity, and flow rates) Furthermore, the activity must not permanently restrict
or impede the passage of normal or expected high flows and the structure or discharge of dredged
or fill material must withstand expected high flows
6
2 General Conditions
a All activities authorized by this RGP that involve the discharge of dredged or fill
material in waters of the United States will be consistent with applicable water quality standards,
effluent limitations and standards of performance, prohibitions, pre-treatment standards and
management practices established pursuant to the Clean Water Act (33 U S C 1344) and
applicable State and local law If the proposed activity involves the discharge of dredged or fill
material in waters of the United States, prior to the commencement of any work, the applicant
will satisfy the NCDWQ regarding the need for a Water Quality Certification pursuant to Section
401 of the Clean Water Act
b All activities authorized by this RGP that involve the use of concrete as a building
material, measures will be taken to prevent live or fresh concrete, including bags of uncured
concrete, from coming into contact with waters of the state until the concrete has hardened
c 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)
d All activities authorized by this RGP that involve the use of nprap material for bank
stabilization, the following measures shall be applied
(1) Filter cloth must be placed underneath the nprap as an additional requirement of
its use in North Carolina waters
(2) The placement of nprap shall be limited to the areas depicted on submitted work
plan drawings
(3) The nprap material shall be clean and free from loose dirt or any pollutant except
in trace quantities that would 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 nprap matenal shall consist of clean rock or masonry material such as, but
not limited to, granite, marl, or broken concrete
(b) 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 Regional condition would result in greater adverse impacts to the aquatic environment
J
e There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this RGP
f The activity must comply with applicable FEMA approved state or local floodplam
management requirements
g Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance
h A permittee, upon receipt of written notice from the Wihmmgton District Engineer of
failure to comply with the terms or conditions of this RGP, will, within 60 days, without expense
to the U S Government, and in such manner as the Wilmington District Engineer may direct,
affect compliance with the terms and conditions or return the worksite to a pre-work condition
i 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
j The permittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant
k The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit
1 This RGP does not convey any rights, either in real estate or material, or any exclusive
privileges, and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N C G S 113-229),a
CAMA Permit (N C G S 113A-118), an Easement to Fill (NC G S 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act
m Authorization provided by this RGP may be modified, suspended or revoked in whole
or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army,
determines that such action would be in the best public interest Unless subject to modification,
suspension or revocation, the term of this RGP shall be five years Any modification, 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 the interference with any existing or proposed Federal
protect and the permittee will not be entitled to compensation for damages or injury to the
structures or work authorized herein winch may be caused by or results from existing or future
operations undertaken by the United States in the public interest
o This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and determines that an Environmental Impact Statement (EIS) must be
prepared
p This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines, after any necessary investigations, that the proposed activity would
adversely affect areas that possess historic, cultural, scenic, conservation or recreational values
Application of this exemption applies to
(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) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
as amended, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks
(4) Endangered or threatened species or habitat of such species as determined by the
Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species
Act (16 U S C 1531)
(5) NOAA designated marine sanctuaries, National Estuarine Research Reserves, and
coral reefs
q Permittees are advised that activities in or near a floodway may be subject to the
National Flood Insurance Program, which prohibits any activities, including fill within a
floodway that results in any increase in base flood elevations
r At his discretion, the Wilmington District Engineer may determine that this RGP will
not be applicable to a specific construction proposal In such case, the procedure for processing
an individual permit in accordance with 33 CFR 325 will be available
s Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety
9
t The discharge of dredged or fill material shall consist of suitable material free from
toxic pollutants in toxic amounts
BY AUTHORITY OF THE SECRETARY OF THE ARMY
oferson /?
M s age
Colonel, Corps of Engineers
District Commander
10
NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Linear Transportation Projects- Activities required for the construction, expansion,
modification, or improvement of linear transportation projects (e g , roads, highways, railways,
trails, airport runways, and taxiways) in waters of the United States For linear transportation
projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters
of the United States For linear transportation projects in tidal waters, the discharge cannot cause
the loss of greater than 1/3-acre of waters of the United States Any stream channel modification,
including bank stabilization, is limited to the minimum necessary to construct or protect the
linear transportation project, such modifications must be in the immediate vicinity of the project
This NWP also authorizes temporary structures, fills, and work necessary to construct the
linear transportation project 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 dewatermg 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
This NWP cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars
Notification The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if (1) the loss of waters of the United States exceeds
1/10 acre, or (2) there is a discharge in a special aquatic site, including wetlands (See general
condition 27 ) (Sections 10 and 404)
Note Some discharges for the construction of farm roads or forest roads, or temporary
roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the
Clean Water Act (see 33 CFR 323 4)
NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid
1 Navigation (a) No activity may cause more than a minimal adverse effect on
navigation
(b) Any safety lights and signals prescribed by the U S Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States No
claim shall be made against the United States on account of any such removal or alteration
2 Aquatic Life Movements No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water Culverts placed in streams must be installed to maintain low flow conditions
3 dawning Areas Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable Activities that result in the physical destruction (e g ,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized
4 Migratory Bird Breeding Areas Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable
5 Shellfish Beds No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48
6 Suitable Material No activity may use unsuitable material (e g , trash, debris, car
bodies, asphalt, etc ) Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act)
7 Water Supply Intakes No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization
8 Adverse Effects From Impoundments If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable
2
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 Floodplams The activity must comply with applicable FEMA-
approved state or local floodplain management requirements
11 Equipment Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance
12 Soil Erosion and Sediment Controls Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow
13 Removal of Temporary Fills 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
15 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 or study status Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e g , National Park Service, U S Forest
Service, Bureau of Land Management, U S Fish and Wildlife Service)
16 Tribal Rights No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights
17 Endangered Species (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species No activity is authorized
3
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
(c) Non-federal permittees shall notify 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 may be affected by the proposed work or that utilize the
designated critical habitat that may 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 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 the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed
(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, both lethal and non-lethal "takes" of protected species are in violation
of the ESA 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/ and http //www noaa gov/fisheries html respectively
18 Historic Properties (a) 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, the activity 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
(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, 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 work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
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Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330 4(g)) The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties Where the non-Federal applicant has identified historic properties 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
(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)) If NHPA 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
(e) Prospective permittees should be aware that section 110k 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, explaining 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
19 Designated Critical Resource Waters Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment The district engineer may also designate
additional critical resource waters after notice and opportunity for comment
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 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 27, for 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
5
A
20 Mite g do 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) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal
(c) Compensatory mitigation at a mimmum 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 some other form of mitigation would be more
environmentally appropriate 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 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
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, 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
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the 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 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 arrangements or
separate activity-specific compensatory mitigation In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan
6
(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
21 Water Quality Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330 4(c)) The district engineer or
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
22 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
23 Regional and Case-By-Case Conditions The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330 4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U S EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination
24 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
25 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 venfication 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 penult are still in existence at the
time the property is transferred, the terns 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
7
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)
26 Compliance Certification Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation The certification form must be forwarded by the Corps with the NWP venfication
letter and will include
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions,
(b) A statement that any required mitigation was completed in accordance with the permit
conditions, and
(c) The signature of the permittee certifying the completion of the work and mitigation
27 Pre-Construction Notification (a) Timing 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, as a general rule, 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) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 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 is "no effect' 'on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330 4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330 4(g)) is completed Also, work 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 cannot 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 information
(1) Name, address and telephone numbers of the prospective permittee,
(2) Location of the proposed project,
(3) A description of the proposed project, the project's purpose, direct and indirect
adverse environmental effects the project would cause, any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity 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 result in a quicker decision ),
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States 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 of the United States, 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, where 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 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 or 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 (Form 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) Agency Coordination (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level
9
(2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide (e g , via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the 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 then 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 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, but 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 sigmficant loss of property or economic hardship will occur The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330 5
(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 multiple copies of pre-construction
notifications to expedite agency coordination
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS
(e) District Engineer's Decision 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 mammal individual or cumulative adverse environmental effects or may be contrary to the
public interest 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 work 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 conditions the district engineer deems necessary The district engineer
must approve any compensatory mitigation proposal before the permittee commences work 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 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
10
(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
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 (1) 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, (2) 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 (3) that the project is authorized under the
NWP with specific modifications or conditions Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan
28 Single and Complete PM ect 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
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 management practices (BMPs) Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development BMPs are categorized as structural or non-structural
Compensatory mitigation The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and mimmization has been
achieved
Currently serviceable Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction
Discharge The term "discharge" means any discharge of dredged or fill 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
11
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 (creationi 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
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 organization and that meet the National Register criteria (36 CFR part 60)
Independent utility A test to determine what constitutes a single and complete 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
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, or drainage because of the regulated activity
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP, it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services The loss of stream bed includes the linear feet
of stream bed that is filled or excavated Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States
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 lugh 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
12
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 shore
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 mampulation 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
Rehabilitation The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area
Restoration The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/histonc functions to a former or degraded aquatic resource
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories re-establishment and rehabilitation
Riffle and pool complex Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines Riffle and pool complexes sometimes characterize steep gradient sections
of streams Such stream sections are recognizable by their hydraulic characteristics The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water Pools are deeper areas associated with riffles A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools
Riparian areas Riparian areas are lands adjacent to streams, lakes, and estuarine-manne
shorelines Riparian areas are transitional between terrestrial and aquatic ecosystems, through
13
which surface and subsurface hydrology connects waterbodies with their adjacent uplands
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality (See general condition 20 )
Shellfish seeding The placement of shellfish seed and/or suitable substrate to increase
shellfish production Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i e , spat on shell) Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat
Single and complete project The term "single and complete project" is defined at 33
CFR 330 2(1) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers A single and complete project must have
independent utility (see definition) For linear projects, a "single and complete project" is 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 waterbody several times at separate and distant locations,
each crossing is considered a single and complete project However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc , are
not separate waterbodies, and crossings of such features cannot be considered separately
Stormwater management Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment
Stormwater many eg ment 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 lugh 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, nprap, betty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction
Tidal wetland A tidal wetland is a 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(f), respectively Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun Tidal waters end
where the rise and fall of the water surface can no 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)
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Vegetated shallows Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems
Waterbody For purposes of the NWPs, a waterbody is ajurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary lugh water mark (OHWM) or other
indicators ofjunsdiction can be determined, as well as any wetland area (see 33 CFR 328 3(b))
If ajurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators ofjunsdiction, 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
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REGIONAL CONDITIONS FOR NATIONWIDE PERMITS 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 I b 7 for a list of the twenty-five trout counties)
1.3. Sturgeon Spawning Areas
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 National Marine
Fisheries Service (NMFS)
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will 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
Waters of the U S that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and 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 28805
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following websrte 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,
16

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvama, Union
and Yancey
Websrte and office addresses for Endangered Species Act Information
The Wilmington District has developed the following websrte for applicants which provide
guidelines on how to review linked websrtes and maps in order to fulfill NWP general condition
17 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 or the US Army Corps of Engineers office listed below
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
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN) The North Carolina waters and contiguous wetlands that require additional notification
requirements are
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "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)
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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 Construction
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 - P O Box 1890, Wilmington, NC 28402 or Washington Field Office - P O Box
1000, Washington, NC 27889)
2.4. Barrier Islands
Prior to the use of any NWP on a bamer island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN)
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN)
Note The following wetland community types identified in the N C Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P Schafale and
Alan S Weakley, 1990), are subject to this regional condition
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
(Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of ammal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (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
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Nationwide Permit General Condition 27 (PCN) The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
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
location of work, 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
Mr Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone [phone] Burke Surry
Mr Dave McHenry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn
Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone [phone] Graham Madison Transylvania
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 streams The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment Waivers for the loss of ephemeral and
intermittent streams must be in writing This waiver only applies to the 300 linear feet threshold
for NWPs Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project [*Note The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel ]
19
} i
3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity 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
Pernut General Condition 27 (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, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of nprap 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 nprap shall be limited to the areas depicted on submitted work plan
drawings
3.5.3. The nprap 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 nprap material shall consist of clean rock or masonry material such as, but not limited
to, gramte, marl, or broken concrete
20
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 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 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 pipe and culvert bottoms shall be buried 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) quad sheets
Roadway
culvert buried -11
Approach Fill Bankfull below streambed
to appropriate
depth (if required)
Strearn
Bottorn
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
depth below the natural stream bottom to provide for passage during drought or low flow
conditions
Destabilizing 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 be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment
All counties Culverts placed in wetlands do not have to be buried
21

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 April 30 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
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)
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #14 - Linear Transportation Crossings
4.1. Natural Channel Design
Applicants shall employ natural channel design (see definition below) to the maximum extent
practicable for stream relocations In the event it is not practicable to employ natural channel
design, any stream relocation shall be considered a permanent impact and the applicant shall
provide a mitigation plan to compensate for the loss of aquatic function associated with the
proposed activity
Natural Channel Design A geomorphologic approach to stream restoration based on an
understanding of valley type, general watershed conditions, dimension, pattern, profile,
hydrology and sediment transport of natural, stable channels (reference condition) and applying
tlus understanding to the reconstruction of a stable channel
4.2. Maintenance of Bank-full Flows
Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-full
channel cross sectional area Additional culverts at such crossings shall be allowed only to
receive flows exceeding bank-full
22
w ? ' M
Approach Fill
Roadway
Culvertburied
Bankfull below streambed
- - - - - to appropriate
depth (if required)
Bafl7,ef Stream
Blockage Bottom
4 3. Maintenance of Floodplain Elevation
Where adjacent floodplam is available, flows exceeding bank-full should be accommodated by
installing culverts at the floodplain elevation
4.4. Prohibition to Create Upland from Waters of the US
This NWP authorizes only upland to upland crossings and cannot be used in combination with
Nationwide Permit 18 to create upland within waters of the United States, including wetlands
Approach Fill
Roadway
000
Floodplain
Elevation
4.5. Tidal Water Restrictions
This NWP cannot be used for private projects located in tidal waters or tidal wetlands
23
M ( . A
NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following websrte
http //h2o enr state nc us/ncwetlands/certs html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program Updates on
CAMA Consistency for NC can be found on the NC DCM web site at
http //dcm2 enr state nc us/Permits/consist htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation
These Tribal General Conditions are located on the Corps websrte at
http //www saw usace army mil/WETLANDS/NWP2007/EBCI-certs html
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol 72, No 88 / Tuesday, May 8,
2007 / Notices p 26082
2007 SAW Regional Conditions - Authorized June 1, 2007
This and other information can be found on the Corps web site at
http //www saw usace army mil/WETLANDS/NWP2007/nationwide-permits html
24