19981057 Ver 1_COMPLETE FILE_19981028

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Iffl?W'A
1 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 1, 1998
Columbus County
WQC 401 Project # 981057
APPROVAL of 401 Water Quality Certification
Mr. Kip McClary
City of Whiteville
PO Box 607
Whiteville, NC 28743
Dear Ms. Putnam:
You have our approval, in accordance with the attached conditions, to place fill material in 0.55 acres of wetlands or
waters for the purpose of berm construction, as you described in your application dated October 28, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108.
This Certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification. This Certification replaces one issued for this project on November 3, 1998.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786.
Si erely,
r ston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
981057.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
NOV.-15'98(SUN) 17:06 NC-MITIGATION TEL:[phone] P. 001
1IAZARD MITIGATION GRANT PROGRAM
North Carolina Division of Emergency Management
116 West Jones Street, Raleigh, NC 27603-1335
,??
f-Ile
DISASTER RECOVERY OPERATIONS CENTER
20S West Cabarrus Street, Raleigh, NC 27601
Facsimile Cover Page
Date: November 15 1998
To: John Domey
Fax; 919-733-9959
Phone: [phone]
From Gloria Putnam
FAX: [phone]
Phone: [phone]
No. pages Transmitted (including cover page) 3
Mr. Dorney,
I spoke with someone in your office on Friday about. tt 401. Water Qual ity Cenification that was
granted for a berm project in Columbus County - City of Whiteville. The certification appear+ to
bo granted to me but I tun not sure. I tun contacting you for clarification and rcissuance iu the
name of the city if this is the ease. I did submit a request for this certification on behalf of the
City of Whiteville but I did not make it clew that I desired it to be in the city's name. I apologize
for this confusion.
Attached please find the 401 certification sent to me. Unfortunately 1 will not be here to
straighten ot.it the confusion as I have accepted a pncitinn with 1)WQ (T will lilcoly he working
with you on some level - hope I haven't made a hnd impression). Please contact Roosevelt Grant
for an additional information needs or correspondence (919-715-9209, fax is same as above,
address is same as above). Note that the contact in the City of Whiteville is Kip McClary and his
address is P.O. Box 607, Whiteville, NC, 28742. His number, should you need it, is 910-642-
8046 (fax [phone]).
Thanks for your assistance and patience.
Sincerely,
Gloria F. Putnam

G
NOV.-15'98(SUN) 17:06 NAITIGATION
TEL:[phone] P, 002
RECEIVED NOV 0 9 9-':
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.B., Director
1
?ritr L
NCDENR
NORTH CAROLINA DIERARTMI-NT OF
CNVIRONMCNT AND NATURAL RC50UMOM-5
November 3, 1998
Columbus County
WOG 401 Project # 901057
APPROVAL of 401 Water Quality Certlflcatlon
Ms. Gloria Putnam
206 W. Cabarrus Street
Raleigh, NC 27601
Dear Ms. Putnam:
You have our approval, In accordance with the attached conditions, to place fill material In 0.55 acres of
wetlands or waters for the purpose of berm construction, as you described In your application dated October
26, 19118. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This Certification allows you to use Nationwide Permit Number 26 when the Corps
of Engineers lssues it. In addition, you should got any enter federal, state or local permits before you go
ahead with your project including (but not limited to) 5adimant and Emeinn rmntrnl. Cnnstal Stormwater. Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
This Approval Is only valid for tho purposo and doeign that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a now
certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and Is thereby responsible for complying with all condltlurts. If total wetland fills for this project (now or in
the future) exceed one acre, compenwitnry mitiontinn may hA rmrluirArl an rinnerlhArl In 15A Nr.,Ar-. 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask far an adjudicatory hearing.
You must act within 6D daye of the dote that you roccivo thin lottor. To oak for a hoaring, send G written
petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Box 27447, flaleigh, N.C. 27611-7447. This certification and Its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733.1796.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWO Regional office
Mr. John Dorney
Central Files
991057,ltr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Ready creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action f=mpinyer • 50% recycledli0% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 3, 1998
Columbus County
WQC 401 Project # 981057
APPROVAL of 401 Water Quality Certification
Ms. Gloria Putnam
205 W. Cabarrus Street
Raleigh, NC 27601
Dear Ms. Putnam:
You have our, approval, in accordance with the attached conditions, to place fill material in 0.55 acres of
wetlands or waters!, for the purpose of berm construction, as you described in your application dated October
28, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This Certification allows you to use Nationwide Permit Number 26 when the Corps
of Engineers issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your p ject including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Wa er Supply Watershed regulations. Also this approval will expire when the accompanying
404 or CAMA per it expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in
the future) exceedione acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approlval to be valid, you must follow the conditions listed in the attached certification.
If you do not ccept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conft?rms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Bo 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless yo ask for a hearing.
This letter c pletes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have a y questions, please telephone John Dorney at 919-733-1786.
I
P
res n Howard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
981057.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

North Carolina Department of rime Control and Public Safety
Division of Emergency Management
James B. Hunt Jr., Governor Richard H. Moore, Secretary
a
\C, October 26, 1998 1 a,C
John R. Dorney
Ecological Assessment Group
North Carolina Department of Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney:
On behalf of the City of Whiteville, the North Carolina Division of Emergency Management is
requesting a 401 Water Quality Certification on a proposal we are currently considering for funding
under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program
(HMGP). The project site is located at the south end of the City of Whiteville and involves constructing
a berm around two power sub-stations. The Unites States Army Corps of Engineers has issued a
Nationwide 26 Permit for the project (attached). Also find attached a description of the project, site
maps, and photos.
Please contact me at [phone] if you have questions or need additional information.
Thank you in advance for your assistance with this matter
Sincerely,
Gloria F. Putnam
Environmental Specialist
Hazard Mitigation Section
Enclosures
205 West Cabarrus Street • Raleigh, North Carolina 27601 • Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

City of Whiteville Berm Project
(NCDEM #1134-HMNC-212-00-II)
Project Description:
During Hurricane Fran (September 1996), flooding of the two electrical sub-stations
owned by Carolina Power and Light (CP&L) and the Brunswick Electrical Membership
Corporation (BEMC) caused a loss of electric power to the entire City of Whiteville for
several days. The sub-stations are located at the terminus of Power Station Road in a
100-year flood and water encroaches the area from Souels Swamp. The proposed project
entails constructing a three foot high earthen berm around the perimeter of the stations
which will provide protection from a 500-year flood event. The access road will also be
elevated to accommodate the height of the berm. This project will be prevent the loss of
power to the city and therefore will protect the health and safety of the citizens and
prevent loss of revenue for businesses.
The proposed berm will be approximately 22 feet wide at the base and 10 feet wide at the
top, with an estimated total length of 1,120 feet. The existing access road will serve as
the base for much of the berm, and approximately half an acre of land will need to be
cleared and grubbed beside the existing fences for the remaining portion of the berm.
The fill material to be used will come from one of the local borrow pits and will be
dependant upon which contractor wins the bid (Kip McClary, City of Whiteville,
Personal Communication, September 1, 1998).
r ?
\
? l JI
APPENDIX A
Maps of Project Area
Diagram of Berm
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COLUMBUS COUNTY
III, ? `; '
I' I PANEL 5 OF 6
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PRELIMINARY
II JUNE 25, 1997 COMMUNITY-PANEL NUMBER j
370071 0005 D I
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Kip McClary.
City Engineer
910-642-8046
City o Whi te vil(e
Office of the City Engineer
Post Office Box 607 ELECTRIC POWER SUBSTATION
Whiteville, North Carolina 28472
FLOOD PREVENTION BERM
PERSPECTIVE VIEW (NOT TO SCALE)
Drawn: 7/28/97-4c-

_ % 1~tiI S?t?NC;
Ft:tl
CrYPICAQ

PROPOSr,,
)5"CORRO4P:r:p W7AL
CULY69T WIT;{
;AC;C Ft1JLJ r Elt?iG2

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_..-
::...... To Imo' EcFYArED
To ETCH BC-RAI
Appendix B
Whiteville Electrical Sub-station Photos
Appendix B (continued)
Whiteville Electrical Sub-station Photos
SENT BY:Wilmington District 10-19-98 ; 9 36 ; USACE-Reg. Branch-4 _17130963;# 2
US. ARMY CORPS OF ENGINEER
WILMINGTON DISTRICT
ew
10. C
TelephonoNo?jJ9)7/f-f/5Y@ (6104'IA jqorilAot I ?JC DepPr a Co(?& "/ 114?/
Size and Location of project (water body, road name/number, town, etc) . S lS 14T e7iy0
/ ....
L
.
N
b(4, lrl 4j A
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Description of Activity .g(4770 )ve ;E,2TV& 9 ZZ, fee
ito-- T&V G T? _ cif ) A?Ki 0 !UdS ovg 1IA6 ITV ?b a
l?a ?T?'y C?. V ly ? loa
Applicable Law: Section 404 (Clean Water Act, 33 U,S,C,1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization. Regional General Permit Number,
Nationwide Permit Number,

Action Id, DD County Czi
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION,
T
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) 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], For any
activity within the twenty coastal counties, before beginning work you must contact the N,C, Division of Coastal
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 the NWP referenced above may subject the permittee to a stop work order, a restoration order, andlor
appropriate legal action,
Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
This
an other required Federal, State, or local approvals/permits, The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date &T- i 9, ? s zsi - y
Corp regulatory Official _ A vl > O ti- Telephone No.
...M ,Jpvr .r 1040
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
OEM Form 691
Rwlsid July 1905
JCIVI U I- W1 I(!!lily bV 11 01b br 166 i1V-IJ-JV , J-J1 1 VJMVC-ne y. Ul 011611- 11 JVJVJ?11 J
NATIONWIDE PIRCT M26. =VATzRs AND ISOLATCO WAnRS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
I. The discharge does not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
states for a distance greater than 500 linear feet of a stream bed;
b, for discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
c. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30? days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
united states 1/10 acre of marsh and 50 square feet of a stream;
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of All
NWp$ combined cannot IXCeed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance, Any structure or fill authorized shall be
properly maintained including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
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.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous water bunless
ody, the
through t area,
including activaty's those primary purpose which in to impound migrate Water,
0, iquipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize Soil disturbance.
R
JCIYI UI?WL Illll lly YVII V3J YI IVY IIV-IJ-JV • JJV ? VJ/YV I. -IYV y? Ul aII VII- IIJV?VJ!A Y
6, Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer case s oreby3therstate oretribediniitsaSection cqualityonditionCertificatios added by Corps
1, 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 agency,
with direct management responsibility for such river, has writing that the proposed activity will not adversely effect 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 1•.g•, National park Service, U.S. forest Service, Bureau of Land
Management, U's. Fish and Wildlife Service.)
Q
e• Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty ?I
fishing and hunting rights. a
9, Water quality certification. The permittee must comply with All
conditions of General water Quality Certification 3108,
North Carolina Division of Water Quality ( 4
Coastal
10, coastal
zone has de errmmiined thThe North at this Carolina Division
Management (NCDCM) ,
with the North Carolina Coastal Management Program, Notification to and
written concurrence from the NCDCM is ;squired prior to work in the twenty
(20) coastal counties of North Carolina.
11. Endangered species.
a, No activity is authorized under any NWP which is likely to
under endangered efederal es or a
identified or
jeopardize the COntinauch designation, a as threatened
adversely modify the
species proposed for
Endangered Species Act, or which is likely to destroyteesshallnotify the
critical habitat of such species. Non-Federal p
species or critical habitat might be affected
Distract Engineer if any listed
until thee activity
or is in the vicinity of the Proneineernthat shall the n requirements k 0f
ict 4
until notified by the oistr
been aatiafied and that the activity is
Endangered Species Act have
authorized.
b, Authorization of an activity by a NWP does not authorize
absence ofdsefined parate nAuthorizzation
the take of a threatened arC`danlnrthespecies
Federal Endangered species Act. a Biological opinion with inciden
(e.g., an ESA Section 10 Permit, service or take provisions, etc.) es°Service,Sbothslethalwand non-lethal takeshe
National Marine Fished species Act.
Of protected species are in violation ne the Endangered species and
to
Information on the litat can ocation be of threa from the offices of
obtained ned and direcCly endingeLEfisheries service
their critical
h'
the U.5. fish and Wildlife Service and National Marinefisheries Service
or their world wide web pages at http://w+w.fws.gtmlM6s and Recovery,
http:l/kinglieh.lpp.dMfe.gov/t=lntyr/prot ree,h
respectively.
JG11I V 11.11111111 H yV1I Vii " 1V, I IV- IO-JV , 9- 1 VJIIVG-I?Gy VI GIIVII- I IJVJVJ'M J
12, Historic properties, No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CPR 325, Appendix C, The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permitter has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized, Information on the location and existence of historic resources
can be obtained from the state Historic Preservation Office and the National
Register of Historic Places (see 33 CPR 330,4(g)I.
13, Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a, Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) is early as possible and shall not begin the
activity;
(1) Until notified 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) If notified by the District or Division Engineer that an
individual permit is required; or
I3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permitter has not received
notice from the District or Division Engineer. 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 CPR 330,5(d)(2).
b, contents of notification, The notification must be in writing
and include the following information;
penlittee;
(1) Name, address and telephone numbers of the prospective
(2) location of the proposed project;
13.0 Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and 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; and
3
StNl UT;W11M1r9;0n U15Lr1c; ilU-I`J -ytl `J'4u UJA"-Meg, Drancn- -1I4U)UOJ F o
(4) For NW? 26, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13,f.),
c. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
required in b. (1)-(4) of WOW Condition 13, A letter may also be used.
d, District Engineer's Decision; In reviewing the pre-
construction notification 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. The prospective permittee may, optionally,
submit a proposed mitigation plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional .
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the permittee and include any conditions the District Engineer
deems necessary.
Any mitigation proposal must be approved by the District Engineer prior
to commencing work, If the prospective permittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 45-day notification procedure.
If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the W.
if the District Engineer determines that the adverse effects of the
proposed work are more than minimal, then he 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;
(2l that the project is authorized under the NW? subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
13) that the project is authorized under the NW? with specific
modifications or Capditions,
e, Agency Coordination, 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,
(1) For NWP 26 (between i and 3 acres of impaot), The
District Engineer will, upon receipt of a notification, provide immediately,
e,q „ facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices o9 the fish and wildlife service, state
natural resource Or water quality agency, EPA , state Historic Preservation
officer (eRBol, and if appropriate, the National Marine Fisheries service.
5tivi CT -WIIming;On U15ZrIQ L Diu- IU-tlo i y-4u , uoNUt-Reg, orancn-

The agencies will than have 5 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, It so contacted by in agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency, The District-Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered, Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications,
(Z) Optional Agency Coordination, 401 Denial. For NVp 26
only, where the State has denied its 401 water quality certification for
activities with less that l acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 And 1 acre,
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only, The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by zPA
under agreements among those agencies, Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
to wetlands Delineations. 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 site, There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate,
g. 'Mitigation. Factors that the District Engineer will consider
:. when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(11 To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(Z) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributior!j to
- , •„-a- 4 ?i 4 all 41- hn nrrtani Tats nnm such am The Nature
mitigation nanKing ana ozner zvrmn WL 116614116iwii iliViµ?ii+?y 1r V111rrrwrrrv.? ...
wetland trust funds, inlieu tees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of WWands, Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to; reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. Yn addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage iimits of some of the NW?s *g., for NWds26, a 1
acres of wetlands cannot be created to change a 6-acre loss of
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loaa.).
5
StNi dr;wiimingcon U1szricz ilU-1y-ad ; y;41 ; U6A?;t-ne9, trancn HJUu 041 9 n
s
14. Compliance certification. Every permittee who has zeceived a NWP
verification from the Corps will submit a signed certification regarding the
completed work and any required mitigation. The certification will be
forwarded by the Corps with the authorization letter and will include;
a. A statement that the authorized work was done in accordance with
the Corps 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.
15, Multiple use of NWPs. In any case where NW? number 1z through j0
is combined with any other NWP number 12 through 40, as part of a single and
complete project, the permittee must notify the District Engineer in
accordance with paragraphs a., b., and c. of the Notification General
Condition number 13, Any NWP number 1 through 11 may be combined with any
other NW? without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFA 334.6(a) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project,

SENT BY:Wilmington District 110-19-98 1 9:42 , USACE-Reg, Brancn» 71309634 9
SECTION 404 ONLY CONDITIONS

In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water Supply intake structure or
adjacent bank stabilization,
2. Shellfish production, No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NW; 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material trash, debris, car bodies, asphalt,
etc,,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act)
,
4. Mitigation, Discharges of dredged or fill material into waters of
the United states must be minimized or avoided to the maximum extent
practicable at the project site (i.e „ on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures,
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable,
6. Obstructions to high flows, To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
%,ni,%zed to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal 4 temporary fills. Any temporary fills must be removed in
their entirety end the affected areas returned to their preexistinq elevation,
SENT BY:Wilmington District ;10-19-98 : 9:42 . USACE-Reg. Branch 1130983410
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORw), a designated "High quality Stater" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (is defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWp.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for 411 unavoidable adverse impacts to the
waters and/or adjacent wetlands As may be required by the applicable NWP.
work may proceed only after the permlttee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2, prior to use of 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), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAM permit to
the Wilmington District.
3. prior to the use of any NWP on a barrier island of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; A
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and 4 plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. Work nwy proceed only after the
permittee has received written, telephonic, or !Axed approval from the
authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
4, prior to the use of any NW? in a "Mountain or Piedmont Bog" of North
Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable
VU. Notification will include the location of work; a description of work; a
delineation of wetlands; A discussion of alternatives to the work end why
alternatives were'lbt selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP, work may proceed only after the
permittee has received written, telephonic, or faxed approval from the
authorized representative
will be DlStriCt race ptlofsthe
notice to proceed above information.
SENT BY:Wiimington District ;10-19-98 ; 9:43 , USACE-Reg. Branch 7130983411
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; A delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selectedi
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWp. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area or wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP,
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (23) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWp, Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; 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. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five 125) designated counties are;
Alleqhany Ashe Avery
Buncombe Burke Caldwell
Cherokee clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina
wildlife Res ources Commission (NCWRC), a p roponent should contact;
?sr
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than ISO
lnear feet of a stream. Notification will include the location of work, a
discription of work, a discussion of alternatives to working in the Stream and
stream. o all unavoidable
moreothanselected, linear fe tplan oftthemitigate
why
adverseeimpactsatowere
NOTE; floodinq of a free-flowinq stream by an activity requiring along with
authorization under this NWF will be considered an adverse imp 9
filling and excavation for the purposes of determining impacts on stream.
SENT BY:wiimington District ;10-19-98 : 9:44 ; USACE-Reg. Branch- 7130963:912
STATE CONSISTENCY CONDITIONS
1. All fill material must be obtained from an upland source.
2. Use of this NWP for waste disposal facilities is not authorized.
3. The proposed activity must not be inconsistent with North Carolina's
Antidegradition Policy (15ANCAC 2B .0201).
4. If the proposed activity is within the North Carolina Coastal Area and
the activity will result in the loss of waters of the United States greater
than 1/3 of aq acre or cause modification of greater than 150 linear feet at a
stream, the applicant must receive written concurrence from the North Carolina
Division of coastal management (NCDCM) that the activity is consistent with
the North Carolina Coastal Management rrogram, Streams are defined as blue or
purple lines for permanent or intermittent streams As shown on the most recent
version of the USGS 1;24,000 topographic map or other site-specific data.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third
acre (0.135 he) of wetlands or waters for a project requires a written
concurrence from the North Carolina Division of Water Quality (NCDWQ).
2. Proposed fill or substantial modification of equal to or less than
one-third acre (0.135 ha) of wetlands or waters for a project does not require
written concurrence from the North Carolina Division of Water Quality (NCDWQ)
as long as the project is in compliance with all conditions of this General
Certification,
3, proposed fill or substantial modification of any amount of wetlands
classified in accordance with 15A NCAC 2H .0301(e)(1) as Unique Wetlands (UWL)
shall require written concurrence from the North Carolina Division of Water
Quality its accordance with 15A NCAC 2H ,0506(a).
4. Proposed fill or substantial modification of more than 150 linear fact
(49.1 meters) of streams for a project requires a written concurrence from the
North Carolina Division of Water Quality. For the purpose of this
Certification, streams are defined as blue or purple lines for permanent or
intermittent streams as shown on the most recent version of the USGS 1;24,000
topographic map or other site specific data.
S. Proposed fill or substantial modification of less than or equal to 150
linear feet 149.1r0terst? Carolina sDifor a vision of Water quality asilong asithen
concurrence from the Nor
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
s° of permanent
the a USG3 1:24,000 topographic streams Map a or shown other sitee spmost ec,ificc
version data, 6. Appropriate d in lthetmoand st tecenterosion
versioncontrol ofrthel°NorthiCarolina or
exceed those outline and Deei n Manual" or the "North
sediment and trosion Contfol planning g
LandlManagement in1theQOCHNRaRegionallorlCentraltOffices) willlb autilizedntof
prevent excesdances of the appropriate turbidity water quality standard 150
salt waters)'
NTUIS in streams and rivers not
and all lakes and designated reservoirs, and 10 NV' NTU's in all
?;1twaCer
10
SENT BY:Wilmington District ;10-19-98 ; 9:45 ; USACE-Rag. Branch- 7130953;#13
7, All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
9. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this certification in order to ensure compliance with
all applicable water quality and effluent standards,
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this certification is not
valid until a FONSr or ROD is issued by the State Clearinghouse,
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this certification applies to An individual project shall expire on
po„ -} # to coincide with the expiration date of NW? No. 26.
?} is? X994'
111116
to
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