19981295 Ver 1_COMPLETE FILE_19981229

United States Department of the Interior 9?/3
FISH AND WILDLIFE SERVICE
Raleigh Feld Office
Post Office Box 33726
Raleigh, North Carolina 27636.3726
March 3, 2003 WETLANDS/ 401 GROUP
Mr. Keith Harris
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attn: Mr. Kevin Yates
Dear Mr. Harris:
MAR 1 0 2003
WATER QUALITY SECTION
This is the report of the U. S. Fish and Wildlife Service (Service). concerning the Public Notice
for a General Permit (GP) for THE DISCHARGE OF DREDGED OF FILL MATERIAL
ASSOCIATED WITH THE CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE
OF TRAINING FOREST FIRE EQUIPMENT OPERATORS, BY THE U.S. FOREST
SERVICE OR N.C. DIVISION OF FOREST RESOURCES, WITHIN NON-TIDAL WATERS
OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA (Action ID. No.
199303393), dated January 27, 2003. This report is submitted in accordance with the Fish and
Wildlife. Coordination Act (48 Stat.401, as amended; 16 U.S.C. 661-667d) and section 7 of the
Endangered Species Act (Act) of 1973, as amended (16 USC 1531 et seq.). It is to be used in
your determination of compliance with 404 (b)(1) guidelines (40 CFR 230), public interest
review (33 CFR 320.4) as it relates to protection of fish and wildlife resources, and in your
determination of the effects on federally-listed threatened and endangered species.
The proposed regional general permit is based on a request by the N.C. Division of Forest
Resources to provide for training forest fire equipment operators in specific wetland areas highly
susceptible to wild fire. Operating fire-fighting equipment in deep, organic wetland areas is
difficult and requires specific hands-on experience. The purpose of this proposed permit is to
allow forest fire equipment operators the opportunity to obtain the necessary experience to safely
navigate such areas.
The Service does not object to the issuance of this GP, but does have several items it would like
to see included as conditions. They are as follows:
The GP should include verbiage restricting its use to deep organic wetland areas instead
of simply stating "non-tidal waters of the United States in the state of North Carolina."
For further clarification, specific counties should be listed if possible.
DEPARTMENT OF THE ARMY DEC 2 918
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 WETLANDS GROUP
WATER QUALITY KPT
Action ID No. 199303393 December 23, 1998
PUBLIC NOTICE
Colonel Terry R. Youngbluth, District Engineer, U.S. Army Engineer District, Wilmington,
Post Office Box 1890, Wilmington, North Carolina 28402-1890, hereby proposes the
Department of the Army regional general permit authorizing:
THE DISCHARGE OF DREDGED OR FILL MATERIAL ASSOCIATED WITH THE
CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING
FOREST FIRE EQUIPMENT OPERATORS, BY THE U.S. FOREST SERVICE OR N.C.
DIVISION OF FOREST RESOURCES, WITHIN NON-TIDAL WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
This proposed regional general permit is based on a request by the North Carolina Division of
Forest Resources to provide for training forest fire equipment operators in specific wetland areas
highly susceptable to wild fire. Operating fire-fighting equipment in deep organic wetland areas
is difficult and requires specific hands-on experience. The purpose of this proposed permit is to
allow forest fire equipment operators the necessary experience to safely navigate such areas.
This proposed regional general permit would authorize discharges of dredged or fill material
pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). A copy of the proposed
permit is attached.
This proposed regional general permit is in accordance with Federal Regulations, issued
November 13, 1986, which provide for the District Engineer's authorization of certain clearly
described categories of structures or work that are substantially similar in nature, that cause only
minimal adverse environmental impact when performed separately, and that will have only a
minimal adverse cumulative effect on the environment (33 CFR 325.2). This proposed general
permit does not compromise any regulations, policies or law.
The decision whether to issue this permit will be based on an evaluation of the probable
impact including cumulative impacts of the proposed activity on the public interest. Evaluation
of the probable impacts requires a careful weighing of all relevant factors. The benefits which
reasonably may be expected to accrue must be balanced against reasonably foreseeable
detriments. The decision whether a proposal can be consistent with the general permit is
determined by the outcome of a general balancing process and should reflect the national concern
for both protection and utilization of important resources. All factors relevant to the proposal
will be considered. Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values,
land use, navigation, shore erosion and accretion, recreation, water supply and conservation,
wa quality; 60eergy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, cumulative effects, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a proposal will be consistent with the
general permit unless the District Engineer determines that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public, interest of the proposed activity.
Written comments pertinent to this proposed regional general permit will be accepted in
the Washington Regulatory Field Office, Attention: Mr. David Lekson, Post Office Box 1000,
Washington, North Carolina 27889, until 4:15 p.m., January 8, 1999, or telephone (252) 975-
1616, extension 22.

Action ID No.: 199303393
Name of Permittee: General Public
Effective Date:
Expiration Date:
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in waters of the United States,
including wetlands, upon the recommendation of the Chief of
Engineers, pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344), is hereby issued by authority of the Secretary of
the Army by the:
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL ASSOCIATED WITH THE
CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING
FOREST FIRE EQUIPMENT OPERATORS, BY THE U.S. FOREST SERVICE OR
N.C. DIVISION OF FOREST RESOURCES, WITHIN NON-TIDAL WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. The permittee must notify the District Engineer by
submitting a plan of proposed work including a detailed location
map on 8 1/2-inch by 11-inch paper. The District Engineer will
examine the proposal to determine the applicability of this
general permit. If the proposal satisfies the general permit
standards, the District Engineer will so inform the permittee by
letter which may contain additional, specific conditions to
assure that the work will have a minimal impact on area
resources. Such conditions or restrictions will be enforceable
in accordance with normal enforcement procedures and authorities.
No work may be undertaken, until after receipt of this written
authorization.
b. This general permit does not authorize discharge of any
other excavated or fill material into wetlands other than from
the use of a fire plow and for the purpose specifically
identified within this general permit.

-2-
c. No Plow lines will be constructed within 100 feet of
canals, streams, or other water bodies to preclude water quality
degradation due to erosion and sedimentation.
d. Plow lines should be constructed as shallow as possible,
i.e., only to the minimum depth needed to construct an effective
fire line.
e. All areas that contain cultural resources or endangered
or threatened species or other significant biological resources
will be avoided.
f. Appropriate erosion and sedimentation control measures,
in accordance with State standards, and as directed by the North
Carolina Division of Land Resources, will be employed whenever
the land disturbing activity is undertaken in the vicinity of any
open water bodies, streams, etc.
g. The permittee(s) will provide to the Corps of Engineers
an annual summary report of the use of this general permit. This
summary report will include the areas where the permit was used,
the lengths and widths of fire plow lines constructed, and any
problems encountered or violations of the listed conditions that
were experienced.
h. The State of North Carolina has found this regional
permit to be consistent with the Coastal Zone Management Act
provided the following conditions are met:
1) In lieu of submission of an erosion and
sedimentation plan to the North Carolina Division of Land
Resources for the proposed activities, the applicant must comply
with NCGS 113A-52(6)(b) and 113A-52.1 - Forest Practice
Guidelines Related to Water Quality.
2) In order to insure that there will be no adverse
impacts to significant natural resource sites identified by the
NC Division of Parks and Recreation Natural Heritage Program, the
permit recipient must coordinate any proposed training activity
with the Natural Heritage Program. This coordination should
include notification to the Natural Heritage Program at least two
weeks in advance of any proposed training activity.
3) Should all or part of the activity be located
within an Area of Environmental Concern (AEC) or area subject to
NCGS 113-229 (Dredge and Fill Act), a CAMA permit is required
from the North Carolina Division of Coastal Management unless the
applicant is a Federal Agency. If the applicant is a Federal

-3-
Agency, and all or part of the activity is located within an AEC
or area subject to NCGS 113-229, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina
Division of Coastal Management.
i. The applicant is required to obtain a Section 401 Water
Quality Certification from the North Carolina Division of
Environmental Management before performing any work under this
general permit. This certification may be an individual
certification or a general certification. As of the above date,
the State of North Carolina has proposed to issue a general water
quality certification for discharges authorized by this general
permit provided that the following conditions are met:
1) The applicant must notify the Wetlands and
Technical Review Group of the Division of Environmental
Management by submitting a plan of proposed work including a
detailed location map. The plan will be reviewed to determine
the applicability of this general certification. If the plan
satisfies the conditions of the general certification, the
applicant will be informed by letter which may contain
additional, specific conditions to assure that the work will not
result in the violation of water quality standards. No work may
be undertaken until after receipt of this written notification.
2) Training activities which impact 1 acre or less of
wetlands at locations previously identified and approved by DEM
in Bladen, Brunswick, Columbus, Cumberland, Dare, Greene, Hyde,
Jones and Onslow Counties may be conducted without the approval
process outlined in Condition 1.
3) The applicant will submit an annual report of the
use of this general certification to the Wetlands and Technical
Review Group no later than December 31 of each year. This report
will include a summary of all training activities authorized by
this certification, the areas where the permit was used, the
lengths and widths of fire plow lines constructed, and any
problems encountered or violations of the conditions contained in
this general certification or the general permit.
4) All berms adjacent to canals and/or water bodies
that are breached by training activities will be restored.
5) Concurrence from DEM that the general certification
applies to an individual project shall expire 3 years from the
date of the cover letter from DEM.

-4-
2. General Conditions.
a. All activities authorized by this general permit
that will involve the discharge of dredged or fill material into
waters of the United States will be consistent with applicable
water quality standards, effluent limitations, and standards of
performance, prohibitions, pre-treatment standards, and
management practices established pursuant to the Clean Water Act
(33 U.S.C. 1413), and pursuant to applicable State and local law.
Activities that will involve the discharge of dredged or fill
material into waters of the United States will require that an
applicant apply for and obtain a Water Quality Certification from
the North Carolina Division of Environmental Management (DEM) in
accordance with Section 401 of the Clean Water Act before any
work is authorized by this general permit.
b. In accordance with the Coastal Zone Management Act,
all activities authorized by this general permit that will affect
the coastal zone of North Carolina must be in compliance with
that program. Activities proposed by non-federal applicants that
affect the coastal zone are required to provide a certification
that the proposed activity complies with the coastal zone
management program and the North Carolina Division of Coastal
Management has concurred with the certification or has waived its
right to do so. Federal applicants are responsible for complying
with the Coastal Zone Management Act's directives for assuring
that their activities directly affecting the coastal zone are
consistent, to the maximum extent practicable, with the approved
state coastal zone management program.
C. There will be no unreasonable interference with
navigation or the right of the public to riparian access by the
existence or use of the activities authorized by this general
permit.
d. A permittee, upon receipt of written notice from
the Wilmington District Engineer of failure to comply with the
terms and conditions of this general permit, shall, within 60
days, without expense to the U.S. Government, and in such manner
as the Wilmington District Engineer may direct, effect compliance
with the terms and conditions or return the worksite to a pre-
work condition.
e. The permittee must perform the authorized work in a
manner so as to minimize any adverse impact on fish, wildlife,
and natural environmental values.
I
-5-
f. The permittee must perform the authorized work in a
manner so as to minimize any degradation of water quality. The
activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area.of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all
rivers not designated as trout waters by DEM, 25 NTU's or less in
all saltwater classes and all lakes and reservoirs, and 10 NTU's
or less in trout waters, are not considered significant.
g. The permittee will permit the Wilmington District
Engineer, or his representative, to make periodic inspections at
any time deemed necessary in order to assure that the activity is
being performed in strict accordance with the Special and General
Conditions of this general permit.
h. This general permit does not convey any rights,
either in real estate or material, or any exclusive privileges;
and it does not authorize any injury to property or invasion of
rights or any infringement of Federal, state, or local laws or
regulations, nor does it obviate the requirement to obtain state
or local assent required by law for the activity authorized
herein. These may include, but are not necessarily limited to, a
Dredge and/or Fill Permit, a Coastal Area Management Act (CAMA)
Permit and a Water Quality Certification pursuant to Section 401
orthe Clean Water Act.
i. Authorization provided by this general permit may
be either modified, suspended, or revoked in whole or in part if
the Wilmington District Engineer, acting on behalf of the
Secretary of the Army, determines that such action would be in
the best public interest. Unless subject to modification,
suspension, or revocation, the term of this general permit shall
be 5 years. Any mcdification, suspension, or revocation of
authorization shall not be the basis for any claim for damages
against the U.S. Government.
j. This general permit does not authorize the
interference with any existing or proposed Federal project, and
the permittee shall not be entitled to compensation for damages
or injury to the structures or authorized work, which may be
caused by or result from existing or future operations undertaken
by the United States in the public interest.
k. This general permit will not be applicable to
proposed construction when the Wilmington District Engineer
believes that the proposed activity would significantly affect
the quality of the human environment and determines that an
Environmental Impact Statement (EIS) must be prepared.

-6-
1. This general permit will not be applicable to
proposed construction when the Wilmington District Engineer
determines, after any necessary investigations, that the proposed
activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and
Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion
as provided by Sections 4 and 5 of the Act, and wild, scenic, and
recreational rivers established by State and local entities.
(2) Historic, cultural, or archeological sites
listed in or eligible for inclusion in the National Register of
Historic Places as defined in the National Historic Preservation
Act of 1966 and its codified regulations and in the National
Historic Preservation Amendment Act of 1980.
(3) Sites included in or determined eligible for
listing in the National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat
of such species as determined by the Secretaries of Interior or
Commerce and conserved in accordance with the Endangered Species
Act (16 U.S.C. 1531).
m. Permittees are advised that development activities
in or near a regulatory floodway may be subject to the National
Flood Insurance Program which prohibits any development,
including fill, within a floodway that results in any increase in
base flood elevations.
n. At his discretion at any time during the processing
cycle, the Wilmington District Engineer may determine that this
general permit will not be applicable to a specific construction
proposal. In such case, the procedure for processing an
individual permit in accordance with 33 CFR 325 will be
available.
BY AUTHORITY OF THE SECRETARY OF T A
FOR L. CAJI L
Colonel, Corps of Engineers
District Engineer
Division of Water Quality
January 11, 1999
MEMO
To: Danny Smith, RRO; Mike Parker, ARO; Ken Averitte, FRO; Michael Parker,
MRO; Deborah Sawyer, WaRO; Joanne Steenhuis, WiRO; Ron Linville, WSRO
From: Todd St. John, Wet nit (email: todd_st.john@h2o....)
Re: Attached Proposed General Permit
Please provide comments ASAP, please. (Note our deadline of 1/19/99.) Call or email with
questions and comments, if you prefer.
(?Cc: attachment
A74 rel
HCDENR
DIVISION OF WATER QUALITY
January 22, 1999
Memorandum To: Stephen B. Benton, Division of Coastal Managment
From: John Dorney, DWQ Wetlands/401 U
Subject: Comments on RGP for Fireplow Lines
Action ID No. 199303393
This Office has one comment as follows:
Part 1. Special Conditions, d., should be modified to read (changes in bold), "Plow lines
should be constructed as shallow and narrow as possible, i.e., only to the minimum
width and depth needed..."
If you have any questions, please feel free to call me at [phone].
Cc: Mike Parker, ARO
John Domey
fire GP
Subject: fire GP
Date: Tue, 19 Jan 1999 07:39:47 EDT
From: "Michael Parker" <[e-mail]>
Organization: Asheville Region of NCDENR
To: [e-mail]
my only recommendation is that on page 2. condition d. .....only
to the minimum eeded should be changed to ...only the
minimum dept or width" eeded.... Since the NCFS or USFS uses
bulldozers to pu e plows the width of the area needs to be
limited also.
Mike
y
I of 1 1/19/99 9:32 AM
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
01/05/99
Mr. John R. Dorney
NC DENR
Division of Water Quality
P.O. Box 27687
Raleigh, NC 27611
is ii'•'r+-Nf ^:{^.+!'!!nYtl9,^,:!O:xn'1.•Y
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REFERENCE: DCM98-67 County: Multi County
Applicant/Sponsor: U.S. Army Corps of Engineers
RGP for Fireplow Lines ACTID-93-3393
Dear Mr. Dorney:
The attached U.S. Army Corps of Engineers Public Notice, dated
12123198 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposals
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 01119199.
Si Vcerely,
St
enton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled/ 10% Post-Consumer Paper

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199303393 December 23, 1998
PUBLIC NOTICE
Colonel Terry R. Youngbluth, District Engineer, U.S. Army Engineer District, Wilmington,
Post Office Box 1890, Wilmington, North Carolina 28402-1890, hereby proposes the
Department of the Army regional general permit authorizing:
THE DISCHARGE OF DREDGED OR FILL MATERIAL ASSOCIATED WITH THE
CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING
FOREST FIRE EQUIPMENT OPERATORS, BY THE U.S. FOREST SERVICE OR N.C.
DIVISION OF FOREST RESOURCES, WITHIN NON-TIDAL WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
This proposed regional general permit is based on a request by the North Carolina Division of
Forest Resources to provide for training forest fire equipment operators in specific wetland areas
highly susceptable to wild fire. Operating fire-fighting equipment in deep organic wetland areas
is difficult and requires specific hands-on experience. The purpose of this proposed permit is to
allow forest fire equipment operators the necessary experience to safely navigate such areas.
This proposed regional general permit would authorize discharges of dredged or fill material
pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). A copy of the proposed
permit is attached.
This proposed regional general permit is in accordance with Federal Regulations, issued
November 13, 1986, which provide for the District Engineer's authorization of certain clearly
described categories of structures or work that are substantially similar in nature, that cause only
minimal adverse environmental impact when performed separately, and that will have only a
minimal adverse cumulative effect on the environment (33 CFR 325.2). This proposed general
permit does not compromise any regulations, policies or law.
The decision whether to issue this permit will be based on an evaluation of the probable
impact including cumulative impacts of the proposed activity on the public interest. Evaluation
of the probable impacts requires a careful weighing of all relevant factors. The benefits which
reasonably may be expected to accrue must be balanced against reasonably foreseeable
detriments. The decision whether a proposal can be consistent with the general permit is
determined by the outcome of a general balancing process and should reflect the national concern
for both protection and utilization of important resources. All factors relevant to the proposal
will be considered. Among those are conservation, econom' cs, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values,

land use, navigation, shore erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, cumulative effects, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a proposal will be consistent with the
general permit unless the District Engineer determines that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Written comments pertinent to this proposed regional general permit will be accepted in
the Washington Regulatory Field Office, Attention: Mr. David Lekson, Post Office Box 1000,
Washington, North Carolina 27889, until 4:15 p.m., January 8, 1999, or telephone (252) 975-
1616, extension 22.
Action ID No.: 199303393
Name of Permittee: General Public
Effective Date:
Expiration Date:
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in waters of the United States,
including wetlands, upon the recommendation of the Chief of
Engineers, pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344), is hereby issued by authority of the Secretary of
the Army by the:
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL ASSOCIATED WITH THE
CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING
FOREST FIRE EQUIPMENT OPERATORS, BY THE U.S. FOREST SERVICE OR
N.C. DIVISION OF FOREST RESOURCES, WITHIN NON-TIDAL WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. The permittee must notify the District Engineer by
submitting a plan of proposed work including a detailed location
map on 8 1/2-inch by 11-inch paper. The District Engineer will
examine the proposal to determine the applicability of this
general permit. If the proposal satisfies the general permit
standards, the District Engineer will so inform the permittee by
letter which may contain additional, specific conditions to
assure that the work will have a minimal impact on area
resources. Such conditions or restrictions will be enforceable
in accordance with normal enforcement procedures and authorities.
No work may be undertaken, until after receipt of this written
authorization.
b. This general permit does not authorize discharge of any
other excavated or fill material into wetlands other than from
the use of a fire plow and for the purpose specifically
identified within this general permit.
-2-
c. No Plow lines will be constructed within 100 feet of
canals, streams, or other water bodies to preclude water quality
degradation due to erosion and sedimentation.
d. Plow lines should be constructed as shallow as possible,
i.e., only to the minimum depth needed to construct an effective
fire line.
e. All areas that contain cultural resources or endangered
or threatened species or other significant biological resources
will be avoided.
f. Appropriate erosion and sedimentation control measures,
in accordance with State standards, and as directed by the North
Carolina Division of Land Resources, will be employed whenever
the land disturbing activity is undertaken in the vicinity of any
open water bodies, streams, etc.
g. The permittee(s) will provide to the Corps of Engineers
an annual summary report of the use of this general permit. This
summary report will include the areas where the permit was used,
the lengths and widths of fire plow lines constructed, and any
problems encountered or violations of the listed conditions that
were experienced.
h. The State of North Carolina has found this regional'
permit to be consistent with the Coastal Zone Management Act
provided the following conditions are met:
1) In lieu of submission of an erosion and
sedimentation plan to the North Carolina Division of Land
Resources for the proposed activities, the applicant must comply
with NCGS 113A-52(6)(b) and 113A-52.1 - Forest Practice
Guidelines Related to Water Quality.
2) In order to insure that there will be no adverse
impacts to significant natural resource sites identified by the
NC Division of Parks and Recreation Natural Heritage Program, the
permit recipient must coordinate any proposed training activity
with the Natural Heritage Program. This coordination should
include notification to the Natural Heritage Program at least two
weeks in advance of any proposed training activity.
3) Should all or part of the activity be located
within an Area of Environmental Concern (AEC) or area subject to
NCGS 113-229 (Dredge and Fill Act), a CAMA permit is required
from the North Carolina Division of Coastal Management unless the
applicant is a Federal Agency. If the applicant is a Federal
-3-
Agency, and all or part of the activity is located within an AEC
or area subject to NCGS 113-229, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina
Division of Coastal Management.
i. The applicant is required to obtain a Section 401 Water
Quality Certification from the North Carolina Division of
Environmental Management before performing any work under this
general permit. This certification may be an individual
certification or a general certification. As of the above date,
the State of North Carolina has proposed to issue a general water
quality certification for discharges authorized by this general
permit provided that the following conditions are met:
1) The applicant must notify the Wetlands and
Technical Review Group of the Division of Environmental
Management by submitting a plan of proposed work including a
detailed location map. The plan will be reviewed to determine
the applicability of this general certification. If the plan
satisfies the conditions of the general certification, the
applicant will be informed by letter which may contain
additional, specific conditions to assure that the work will not
result in the violation of water quality standards. No work may
be undertaken until after receipt of this written notification.
2) Training activities which impact 1 acre or less of
wetlands at locations previously identified and approved by DEM
in Bladen, Brunswick, Columbus, Cumberland, Dare, Greene, Hyde,
Jones and Onslow Counties may be conducted without the approval
process outlined in condition 1.
3) The applicant will submit an annual report of the
use of this general certification to the Wetlands and Technical
Review Group no later than December 31 of each year. This report
will include a summary of all training activities authorized by
this certification, the areas where the permit was used, the
lengths and widths of fire plow lines constructed, and any
problems encountered or violations of the conditions contained in
this general certification or the general permit.
4) All berms adjacent to canals and/or water bodies
that are breached by training activities will be restored.
5) Concurrence from DEM that the general certification
applies to an individual project shall expire 3 years from the
date of the cover letter from DEM.
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2. General Conditions.
a. All activities authorized by this general permit
that will involve the discharge of dredged or fill material into
waters of the United States will be consistent with applicable
water quality standards, effluent limitations, and standards of
performance, prohibitions, pre-treatment standards, and
management practices established pursuant to the Clean Water Act
(33 U.S.C. 1413), and pursuant to applicable State and local law.
Activities that will involve the discharge of dredged or fill
material into waters of the United States will require that an
applicant apply for and obtain a Water Quality Certification from
the North Carolina Division of Environmental Management (DEM) in
accordance with Section 401 of the Clean Water Act before any
work is authorized by this general permit.
b. In accordance with the Coastal Zone Management Act,
all activities authorized by this general permit that will affect
the coastal zone of North Carolina must be in compliance with
that program. Activities proposed by non-federal applicants that
affect the coastal zone are required to provide a certification
that the proposed activity complies with the coastal zone
management program and the North Carolina Division of Coastal
Management has concurred with the certification or has waived its
right to do so. Federal applicants are responsible for complying
with the Coastal Zone Management Act's directives for assuring
that their activities directly affecting the coastal zone are
consistent, to the maximum extent practicable, with the approved
state coastal zone management program.
C. There will be no unreasonable interference with
navigation or the right of the public to riparian access by the
existence or use of the activities authorized by this general
permit.
d. A permittee, upon receipt of written notice from
the Wilmington District Engineer of failure to comply with the
terms and conditions of this general permit, shall, within 60
days, without expense to the U.S. Government, and in such manner
as the Wilmington District Engineer may direct, effect compliance
with the terms and conditions or return the worksite to a pre-
work condition.
e. The permittee must perform the authorized work in a
manner so as to minimize any adverse impact on fish, wildlife,
and natural environmental values.

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f. The permittee must perform the authorized work in a
manner so as to minimize any degradation of water quality. The.
activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all
rivers not designated as trout waters by DEM, 25 NTU's or less in
all saltwater classes and all lakes and reservoirs, and 10 NTU's
or less in trout waters, are not considered significant.
g. The permittee will permit the Wilmington District
Engineer, or his representative, to make periodic inspections at
any time deemed necessary in order to assure that the activity is
being performed in strict accordance with the Special and General
Conditions of this general permit.
h. This general permit does not convey any rights,
either in real estate or material, or any exclusive privileges;
and it does not authorize any injury to property or invasion of
rights or any infringement of Federal, state, or local laws or
regulations, nor does it obviate the requirement to obtain state
or local assent required by law for the activity authorized
herein. These may include, but are not necessarily limited to, a
Dredge and/or Fill Permit, a Coastal Area Management Act (LAMA)
Permit and a Water Quality Certification pursuant to Section 401
or the Clean Water Act.
i. Authorization provided by this general permit may
be either modified, suspended, or revoked in whole or in part if
the Wilmington District Engineer, acting on behalf of the
Secretary of the Army, determines that such action would be in
the best public interest. Unless subject to modification,
suspension, or revocation, the term of this general permit shall
be 5 years. Any modification, suspension, or revocation of
authorization shall not be the basis for any claim for damages
against the U.S. Government.
j. This general permit does not authorize the
interference with any existing or proposed Federal project, and
the permittee shall not be entitled to compensation for damages
or injury to the structures or authorized work, which may be
caused by or result from existing or future operations undertaken
by the United States in the public interest.
k. This general permit will not be applicable to
proposed construction when the Wilmington District Engineer
believes that the proposed activity would significantly affect
the quality of the human environment and determines that an
Environmental Impact Statement (EIS) must be prepared.

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1. This general permit will not be applicable to
proposed construction when the Wilmington District Engineer
determines, after any necessary investigations, that the proposed
activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and
Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion
as provided by Sections 4 and 5 of the Act, and wild, scenic, and
recreational rivers established by State and local entities.
(2) Historic, cultural, or archeological sites
listed in or eligible for inclusion in the National Register of
Historic Places as defined in the National Historic Preservation
Act of 1966 and its codified regulations and in the National
Historic Preservation Amendment Act of 1980.
(3) Sites included in or determined eligible for
listing in the National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat
of such species as determined by the Secretaries of Interior or
Commerce and conserved in accordance with the Endangered Species
Act (16 U.S.C. 1531).
m. Permittees are advised that development activities
in`or near a regulatory floodway may be subject to the National
Flood Insurance Program which prohibits any development,
including fill, within a floodway that results in any increase in
base flood elevations.
n. At his discretion at any time during the processing
cycle, the Wilmington District Engineer may determine that this
general permit will not be applicable to a specific construction
proposal. In such case, the procedure for processing an
individual permit in accordance with 33 CFR 325 will be
available.
BY AUTHORITY OF THE SECRETARY OF T A
i
FOR L. CAJI L
Colonel, Corps of Engineers
District Engineer