20081703 Ver 1_Other Agency Comments_20080717

G? (703
U.S. ARMY CORPS OF ENGINEERS 0-5
WILMINGTON DISTRICT
Action ID 200641256 TIP No B-4207 State Protect No 8 1561101 County Moore
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 protect (waterway, road name/number, town, etc) 175 linear feet oftriple-span bridge
#43 over McLendon Creek including 1075 linear feet of temporary detour approach fill and 150 linear feet of
temporary detour bridge on NC 22/24/27 in Moore County, North Carolina
Description of Activity: To replace 158 linear feet of existing triple-span bridge #43 with 175 linear feet of triple-
span bridge on existing alignment The project includes the mechanized clearing and fill for approach widening,
impacting 0 05 acre of wetlands And the placement of 75 linear feet of a temporary causeway for the removal of an
existing bridge bent And construction of a new bridge bent
Applicable Law X Section 404 (Clean Water Act, 33 U S C 1344)
Section 10 (River and Harbor Act of 1899)
Authorization 23&33 Nationwide Permit Number
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 not relieve 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 and 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 validuntil the expiration date identified
below, provided it 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 conditions of the
nationwide permit, activities which have commenced (i e , are under constructim) 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 date of 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 IV
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Action ID 200641256 TIP No B-4207 State Protect No 8 1561101 County: Moore
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
If there are any questions regardmg this authorization or any of the conditions of the RGP or NWT, please contact the
Corps Regulatory Official specified below
Date 23 December 2008
Expiration Date of Verification 23 December 2011
Corps Regulatory Official Richard K Spencer , Telephone No [phone]
CF Brian Wrenn, NCDWQ
Ken Averitte, NCDWQ, Fayetteville Office
James Pflaum, NCDOT, PDEA
Art King, NCDOT Div 8
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Action ID: 200641256 TIP No B-4207 State Project No 8 1561101 County Moore
GENERAL PERMIT SPECIAL CONDITIONS
1 Bridge demolition and removal will be accomplished in accordance with "Best
Management Practices For Construction and Maintenance Activities, Section 4 6" dated
August 2003 and a copy will be provided to the contractor prior to the pre-construction
conference
2 No bridge demolition debris will be intentionally allowed to enter the waterway or
wetlands
3 Sediment and erosion control measures shall be in place prior to any demolition or
land clearing activities
4 Staging areas or the stockpiling of construction material shall not be located in any
wetlands
5 All temporary fill is to be placed on filter fabric and removed from the waterway in its
entirety upon completion of the construction and the affected areas returned to pre-
construction elevations The affected areas must be replanted with native woody vegetation
at the completion of construction
6 All construction spoil material shall be disposed of on an upland area and shall not be
placed in any waterway or wetland
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NATIONWIDE PERMIT 23
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Approved Categorical Exclusions. Activities undertaken, assisted, authorized,
regulated, funded, or financed, in whole or in part, by another Federal agency or department
where
(a) That agency or department has determined, pursuant to the Council on Environmental
Quality's implementing regulations for the National Environmental Policy Act (40 CFR part
1500 et seq ), that the activity is categorically excluded from environmental documentation,
because it is included within a category of actions which neither individually nor cumulatively
have a significant effect on the human environment, and
(b) The Office of the Chief of Engineers (Attn CECW-CO) has concurred with that
agency's or department's determination that the activity is categorically excluded and approved
the activity for authorization under NWP 23
The Office of the Chief of Engineers may require additional conditions, including pre-
construction notification, for authorization of an agency's categorical exclusions under this
NWP
Notification Certain categorical exclusions approved for authorization under this NWP
require the permittee to submit a pre-construction notification to the district engineer prior to
commencing the activity (see general condition 27) The activities that require pre-construction
notification are listed in the appropriate Regulatory Guidance Letters (Sections 10 and 404)
Note The agency or department may submit an application for an activity believed to be
categorically excluded to the Office of the Chief of Engineers (Attn CECW-CO) Prior to
approval for authorization under this NWP of any agency's activity, the Office of the Chief of
Engineers will solicit public comment As of the date of issuance of this NWP, agencies with
approved categorical exclusions are the Bureau of Reclamation, Federal Highway
Administration, and U S Coast Guard Activities approved for authorization under this NWP as
of the date of this notice are found in Corps Regulatory Guidance Letter 05-07, which is
available at
http //www usace army mil/inet/functions/cw/cecwo/reg/rglsindx htm Any future
approved categorical exclusions will be announced in Regulatory Guidance Letters and posted
on this same web site
G 1
NATIONWIDE PERMIT 33
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Temporary Construction, Access, and Dewatering. Temporary structures, work, and
discharges, including cofferdams, necessary for construction activities or access fills or
dewatenng of construction sites, provided that the associated primary activity is authorized by
the Corps of Engineers or the U S Coast Guard This NWP also authorizes temporary structures,
work, and discharges, including cofferdams, necessary for construction activities not otherwise
subject to the Corps or U S Coast Guard permit requirements Appropriate measures must be
taken to maintain near normal downstream flows and to minimize flooding Fill must consist of
materials, and be placed in a manner, that will not be eroded by expected high flows The use of
dredged material may be allowed if the district engineer determines that it will not cause more
than minimal adverse effects on aquatic resources Following completion of construction,
temporary fill must be entirely removed to upland areas, dredged material must be returned to its
original location, and the affected areas must be restored to pre-construction elevations The
affected areas must also be revegetated, as appropriate This permit does not authorize the use of
cofferdams to dewater wetlands or other aquatic areas to change their use Structures left in place
after construction is completed require a section 10 permit if located in navigable waters of the
United States (See 33 CFR part 322 )
Notification The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27) The pre-construction
notification must include a restoration plan showing how all temporary fills and structures will
be removed and the area restored to pre-project conditions (Sections 10 and 404)
x
NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid
1 Navi g do (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 Spawning Areas Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable Activities that result in the physical destruction (e g ,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized
4 Migratory Bird Breeding 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
U 4
9 Management of Water Flows To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below The activity must be constructed to withstand expected high flows The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e g ,
stream restoration or relocation activities)
10 Fills Within 100-Year Floodplains The activity must comply with applicable FEMA-
approved state or local floodplain management requirements
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 (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
4 (1
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 Pernut, 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/fishenes 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
4
I 1 1
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 sigmficantly
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
i " .
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 verification
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) Timm 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
8
J I ` i
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
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(2) For all NWP 48 activities requiring pre-construction notification and for other NWT
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 NWT 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
admuustrative record associated with each pre-construction notification that the resource
agencies' concerns were considered For NWT 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFk 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 NWT 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 minimal 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
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(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 Pro,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 practices6BMPs,) 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 minimization 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
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decline in other aquatic resource function(s) Enhancement does not result in a gain in aquatic
resource area
Ephemeral stream An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year Ephemeral stream beds are located above the
water table year-round Groundwater is not a source of water for the stream Runoff from rainfall
is the primary source of water for stream flow
Establishment (creation) The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site Establishment results in a gain in aquatic resource area
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 NW, 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 high tide line (i e , spring high
tide line)
Open water For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined Aquatic vegetation within the area of standing or
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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 manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/histonc 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/histonc 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/lustonc 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
Raffle 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 nffles 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
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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 )
Shell ish 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 proiect 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 management facilities Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i e , by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff
Stream bed The substrate of the stream channel between the ordinary high water marks
The substrate may be bedrock or inorganic particles that range in size from clay to boulders
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed
Stream channelization The mampulation 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)
14

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 high water mark (OHWM) or other
indicators ofjunsdiction can be determined, as well as any wetland area (see 33 CFR 328 3(b))
If ajunsdictional 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
15
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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 dunng certain
timeframes These waters are
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Manne Fishenes
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded dunng the penod between February 15 and June 30, without pnor
wntten 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 dunng the penod between October 15 and Apnl 15 without pnor wntten 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 spawmng areas are excluded dunng the
penod between February 1 and June 30, without pnor wntten approval from the National Manne
Fishenes Service (NMFS)
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authonzed 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 website for information on the
location of designated critical habitat
Counties with tnbutanes 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, Transylvania, Union
and Yancey
Websrte and office addresses for Endanerg ed Species Act Information
The Wilmington District has developed the following website 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 barrier 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 animal 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
18

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 Transylvama
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 f inction(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
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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/mtermittent 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
Permit 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
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3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducmg'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
appeanng as blue lines on United States Geological Survey (USGS) quad sheets
Roadway
culvert buried -11 Approach Fill Bankfull below streambed
-11 to appropriate
depth (if required)
Stream
Bottom
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
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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 433 - Temporary Construction, Access
and Dewatering
4.1 The required restoration plan must include a timetable for restoration activities
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a , i w
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
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