20120107 Ver 1_2012 As Built Report_20130604

AS -BUILT REPORT
FOR P AND U LANDS RESTORATION SITE P
RICHLAND TOWNSHIP
BEAUFORT COUNTY, NORTH CAROLINA
Prepared for:
PCS Phosphate Company, Inc.
Prepared by:
CZR Incorporated
Wilmington NC
Jonathan T. Ricketts, Inc.
Palm Beach Gardens, FL
June 2013
VW. �- 4 2013
Wf+TEFt UAUTY `

PotashCorp®
Helping Nature Provide
Federal Express
June 3, 2013
Mr. Tom Steffens
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West 5' Street
Washington, North Carolina 27889
Dear Mr. Steffens:
PotashCorp - Aurora
Enclosed is the "As -Built Report for P and U Lands Restoration Site Phase I Richland Township
Beaufort County, North Carolina ". Also enclosed is a CD containing the report text, tables,
figures and appendices. Note that Appendix B, which consists of the full set of as -built plans, is
only on the CD and not in the hard copy. The photos in the hard copy are slightly dark, however
they are lighter on the CD. F,arthwork was initiated on the mitigation site in October 2010 and
planting was complete in March 2012, with final restoration activities complete in March 2013.
If you have any questions, please call me at (252) 322 -8249, or Julia Berger of CZR Incorporated
at (910) 392 -9253.
Sincerely,
�L C ".
J ey . Furness
Senior Scientist
PC: Karen Higgins, DWQ- Raleigh w /encl.
Amy Adams, DWQ
R.M. Smith
M. Brom
S. Cooper, CZR
J. Hudgens, CZR
J. Ricketts, JTR
23 -11 -020
Wash. w/ encl.
w/o encl.
w/o encl.
w /encl.
w /encl.
w /encl
w /encl.
1530 NC Hwy 306 South, Aurora, NC USA 27806 T(252)322-4111
PotashCorp. I www.potashoorp.com

AS -BUILT REPORT
FOR P AND U LANDS RESTORATION SITE PHASE 1
RICHLAND TOWNSHIP
BEAUFORT COUNTY, NORTH CAROLINA
Prepared for:
PCS Phosphate Company, Inc.
Prepared by:
CZR Incorporated
Wilmington, NC
Jonathan T. Ricketts, Inc.
Palm Beach Gardens, FL
June 2013

TABLE OF CONTENTS
1.0 INTRODUCTION ..................................................................... ..............................1
2.0 AS -BUILT TOPOGRAPHY ..................................................... ............................... 2
2.1 Contour Restoration and Implementation ............................. ..............................2
2.2 As -Built Methods and Equipment ......................................... ..............................2
3.0 PLANTING ............................................................................ ..............................3
5.0 POST - PERMIT CONSTRUCTION REFINEMENTS ............... ..............................4
5.1 Justification ........................................................................... ..............................4
5.2 Description . ......................................................................... ..............................4
6.0 POST- CONSTRUCTION MONITORING ............................... ............................... 5
LITERATURECITED ......................................................................... ............................... 5
Cover Photo: Planting in Zone 4A, pond pines visible against dirt, 19 January 2012.
LIST OF FIGURES
Figure 1
Vicinity Map P and U Lands Phase I
Figure 2A
P and U Lands Phase I Existing LiDAR Hypsometric Tint
Figure 2B
P and U Lands Phase I As -Built LiDAR Hypsometric Tint
Figure 3
Planting Plan P and U Lands Phase I
Figure 4
Areas Treated with Herbicide P and U Lands Phase I
Figure 5
Monitoring Locations P and U Lands Phase I
Figure 6
Soils P and U Lands Phase I
LIST OF TABLES
Table 1 Planted species by percent for each zone
APPENDICES
A Permits, Certifications, and Nursery Certificates
B As -Built Topography (Phase 1 As -Built Plans on CD)
C Selected Site Photographs
NOTE: Copy of entire report is included on accompanying CD.
P and U Lands Mitigation Site Phase 1 ii PCS Phosphate Company, Inc.
As -Built Report June 2013

1.0 INTRODUCTION
The +/- 3,667 -acre P and U Lands restoration site is part of the PCS Phosphate
Company Inc.'s (PCS) compensatory mitigation to offset unavoidable impacts to
wetlands and waters authorized under United States Army Corps of Engineers ( USACE)
Action ID: 2001 -10096 and North Carolina Division of Water Quality (DWQ) Water
Quality Certification (WQC) #2008 -0868 version 2.0 (agency authorizations are included
in Appendix A). As described in the mitigation plan prepared for the pre - construction
notification (PCN) to the USACE (CZR 2012), the project is to be constructed in three
phases as shown on Figure 1. This as -built report concerns completion of
reestablishment and rehabilitation activities for the 970 acres of Phase 1.
The purpose of activities at the P and U Lands Phase 1 is to successfully reestablish
approximately:
302 wetland acres of non- riverine swamp forest,
327 wetland acres of pond pine pocosin forest,
238 wetland acres of hardwood flat forest,
25 acres of open water in plugged ditches, and
30 wetland acres of swales.
The remaining 49 acres are comprised of existing roads, perimeter berms, and other
man - dominated areas. Approximately 25,131 linear feet of jurisdictional waters in
roadside ditches and canals will be plugged in order to increase the hydroperiods within
the adjacent planted areas (these plugged jurisdictional ditches and canals are included
in the 25 acres of reestablished open water). At the time of this report, approximately
8,700 feet of roadside ditch adjacent to Phase 1 along the south side of Small Road
remain unplugged; however, plugs will be installed in this ditch section as Phase 2 and
Phase 3 construction is completed.
Jonathan T. Ricketts, Inc. of Palm Beach Gardens, FL was the restoration design
engineer who worked in conjunction with PCS and CZR Incorporated (CZR),
environmental consultants out of Wilmington, NC (design team). Restoration activities
began onsite on 24 September 20 11 with the first application for an erosion and
sediment control permit from the NC Division of Land Resources (DLR). Phase 1 was
constructed with a total of six DLR permits for land clearing which were subsequently
modified to all for the construction of the interior ditch plugs and perimeter berms and
ditches. Earthwork was performed by Sawyer's Land Developing, Inc. out of Belhaven,
NC and supervised by the design team.
The P and U Lands provided a new challenge for restoration since the P and U Lands
were in silviculture use. All of the previous wetland sites restored by PCS were primarily
used for agriculture and contained regularly spaced ditches and crowned fields to
accelerate removal of runoff. To complete the restoration on the previous sites, the
ditches were plugged or filled and the fields leveled. The vegetation present on the
previous restoration sites was less than a year in age. While the P and U Lands
contained ditches, the silviculture use resulted in woody debris which on average had at
least 15 years of growth a presented a different challenge for restoration.
After timber removal, large amounts of stumps and slash remained on the site, and since
the soils were organic and susceptible to fire, the woody debris could not be burned.
P and U Lands Mitigation Site- Phase 1 1 PCS Phosphate Company, Inc.
As -Built Report June 2013

Several methods were utilized to prevent or discourage the slash and stumps from
resprouting. These methods were modified several times during the work and are
described below.
2.0 AS -BUILT TOPOGRAPHY
2.1 Contour Restoration and Implementation. The Compensatory Mitigation
Plan for the P Lands and U Lands Restoration Site (CZR 2012) contains details on the
removal of pine plantation vegetation and bedding, filling of ditches, and reestablishment
of topography close to historic elevations.
Most of the Phase 1 topography is basically flat and elevations range from 9 feet
to 11.5 feet for most of the site with a few high spots near Bay City Road at 14 feet.
Overall drainage is to the north into Gum Swamp Run via spillways and the east side
canal parallel to Bay City Road for the portion south of Bay City Road No 4, and west
into Gum Swamp Run via overland flow for the portion south and east of the bend of
Small Road.
2.2 As -Built Methods and Eouipment.
The as -built topographic survey was produced as a joint effort by Matrix East
Surveyors, LLC from Kinston, North Carolina and Tuck Mapping Solutions, Inc. from Big
Stone Gap, Virginia. Matrix East provided the ten ground control points that established
the horizontal and vertical control for the survey. On 10 March 10 2012, Tuck Mapping
Solutions performed aerial mapping using a Bell 407 helicopter flying 1,000 feet above
the site. Forward air speed was 80 knots during the LiDAR (Light Detection and
Ranging) and photo acquisition. Point density during acquisition was over 70 points per
square meter. The resultant combined imagery and 0.5 -foot LiDAR contour data
represents ground conditions as of the date of the flight.
The aerial photography was taken using an Applanix DSS 460 - 60 mega pixel
digital camera with a current Trimble camera calibration. The photography and LiDAR
were controlled /georeferenced to the ten ground control points established by Matrix
East. The photo geo- referencing was completed and checked using Applanix POSPac
v5.3 CAL QC and Inpho v5.2 software. The airborne GPS baselines were also
processed using POSPac v5.3 software. The project datums are North Carolina grid
system horizontal (2007) and NAVD88 vertical. The topographic mapping was compiled
from LiDAR using TerraScan and TerraModel v10, applications utilized in MicroStation
v8. The compiled map included a digital terrain model (DTM) from which the 0.5 -foot
contour topography was generated. The mapping was checked /edited on MicroStation
v8 and AutoCADD Civil 3D and delivered in AutoCADD digital format. The mapping
meets US National Map Accuracy Standards in relation to the surveyed control, i.e., at
least 90 percent of map measured ground features in non - obscured areas are accurate
to within 1.67 feet (1/30 map scale) horizontally and 0.25 foot (one half contour interval)
vertically.
The existing (pre- restoration) LiDAR topography is depicted on Figure 2A and the
post restoration LiDAR topography is depicted on Figure 2B. The entire Phase 1 As-
Built plans and drawings are included on a CD which accompanies this report.
P and U Lands Mitigation Site Phase 1 2 PCS Phosphate Company, Inc.
As -Built Report June 2013

3.0 PLANTING
A planting plan with seven zones was designed to reflect soil characteristics,
grading, field observations, expected hydrology, and species appropriate for the site.
Six of those seven zones were planted within Phase 1 (Figure 3) and include non -
riverine swamp forest, pond pine pocosin forest (two variants), hardwood flat (two
variants), and swales.
To control nuisance and or competing hardwood vegetation, herbicide
applications (aquatic and non - aquatic formulations) were applied by helicopter in
October 2011 prior to the 2012 early spring planting (Figure 4). Krenite (fosamine) was
applied at 5 quarts /acre, Accord XRTII was applied at 3 quarts /acre, Sulfomet Extra
(equivalent to Oust) was applied at 3 ounces /acre, and Conquer (methylated seed oil
surfactant) was applied at 18 gallons /acre. American Forest Management, Inc. out of
Charlotte, NC specified the treatments and supervised their application. AgAir LLC out
of Thomasville, PA was the applicator.
Twenty -one (21) native wetland hardwood tree species and eight species of
small trees were chosen for planting based largely on soil type of the site and expected
hydrology. In addition to trees, 16 wetland shrub species were incorporated into the plan
to provide a more diverse assemblage. Three nurseries supplied the species and their
certifications are included in Supporting Document A (two in North Carolina, one in
South Carolina). Conservation Services, Inc. out of Verona, VA planted the site from 12
through 23 March 2012 after restoration earthwork was completed. Approximately 897
total acres were planted with 499,000 stems, mostly bare root seedlings. All but 131
acres were planted on 9 by 9 -foot spacing (538 stems per acre); due to very low soil pH,
the other 131 acres were planted at a higher density of 8 by 8 -foot spacing (680 stems
per acre) with species more tolerant of low pH. Shrub stems were also predominantly
bare root seedlings with the exception of some tublings and even fewer containerized
stems. Shrub stems made up 6 percent or less of the total stems within each zone. The
complete list of species planted and the planting mix of species by planting zone are
identified in Table 1.
As planting time neared, two of the nurseries had shortfalls for some of the
promised species and various substitutions were arranged while adhering to the original
plan as much possible as far as habitat and wetland status of substituted species were
concerned. These substitutions did not significantly alter the original plan. After
Hurricane Irene, it was apparent that the east half of the Phase 1 fields located south of
Small Road was likely to have long periods of standing water. Therefore, at planting
time, within Zone 3, 10 percent of the Atlantic white cedar were moved from the east half
to the west half and 10 percent of the bald cypress were moved from the west half to the
east half south of Small Road.
4.0 HYDROLOGY
To document surface storage and hydroperiods, 60 Leveltroll water level
monitoring wells were installed across the planted area (approximately 1 well /15 acres)
plus two additional well arrays to monitor lateral drainage effects from the open
perimeter ditches (Figure 5). The wells plotted over the soil polygons of Phase 1 are
shown in Figure 6. Bear exclosures constructed of barbed wire wrapped around metal
fence posts were built around those wells nearest to existing forested areas to prevent
P and U Lands Mitigation Site Phase 1 3 PCS Phosphate Company, Inc.
As -Built Report June 2013

destruction of the wells; eventually, all wells may have exclosures. The nearby Bay City
Farm mitigation site rain gauge will be used for P Lands site rainfall. Rainfall data will be
used in conjunction with data from nearby automated weather stations (e.g., NRCS
WETS data from NOAA's site at Aurora) to determine normal rainfall during the
monitoring period.
411�0 [013d. �. I�d0L1+ 3�1�7L�Ii<I.��l�li;l_�i�I ►1��
5.1 Justification. Several issues became apparent during and shortly after
construction that necessitated the need to make refinements in the construction methods
outlined in the pre - construction notification (PCN) to the USACE. These issues
included:
a. Delays in securing the Pre - construction Notification (PCN)
approval,
b. An unanticipated large volume of slash and stumps as a result of
the timber removal, and
C. An unanticipated large volume of rainfall during the first year's
grow -in period.
5.2 Description. Descriptions of the refinements are as follows:
a. The roadside ditches adjacent to Bay City 1, 3 and 4 were to be plugged
while the construction sequence occurred in the adjacent fields during the spring,
summer and fall of 2011. Since the PCN was not issued until 18 April 2012 construction
of the roadside ditch plugs did not commence until June of 2012. This meant that the
newly constructed wetlands adjacent to the roadside ditches of Bay City 1, 3, and 4
experienced a larger lateral drain down effect between the time the site was planted in
March of 2012 until the roadside plugs adjacent to Bay City 1, 3 and 4 were completed in
late June of 2012. The roadside ditches south of Small Road east of the bend were not
completed until May of 2013. Additionally, a small area immediately adjacent to the
proposed roadside ditch plugs was needed to store the plug material. Since this
material was being stored during planting of the site in March of 2012, no stems were
planted in the area where the ditch plug material was stored. However, these Phase 1
plug material storage areas will be planted as part of Phase 3 planting in spring 2014.
b. To prevent the stumps and slash from re- sprouting and potentially adding
nonwetland vegetation to the restoration site, these materials from the timber removal
and land clearing operation were pushed by dozer in several piles in each field and then
chipped using a wood grinder. The wood chips were then spread over the fields to
accelerate the decomposition of the wood. The fields south of Bay City 1 had a
concentration of large stumps and a large amount of leftover slash. Although it was
anticipated that the ground wood chips would decompose and simply add to the organic
component of the soil, the weather and site conditions during the early months of 2011
did not promote a quick decomposition of the woody material. The 3 -inch plus depth of
wood chips on the ground led to concerns that the newly planted trees would not be
planted in the existing soil but would be situated higher in the wood mix which would
lead to a higher mortality rate during the grow -in period. After sharing these concerns
with the USACE, it was decided to minimize the depth of the chips by recollecting them
into small piles of approximately 15 feet in height and no more than 50 feet in diameter.
Additionally, for the remaining fields to be cleared, the stumps and slash would not be
P and U Lands Mitigation Site Phase 1 4 PCS Phosphate Company, Inc.
As -Built Report June 2013

chipped but instead stacked into piles of the same dimensions stated above. This would
create only a temporary impact to the restored system while the wood was decomposing
and would add to the site diversity by providing a different habitat within the site and a
perch area for raptors.
C. Shortly after the completion of the tree planting in early 2012, the site
received rainfalls which quickly raised the water levels on the jobsite and created onsite
ponding with depths of several inches. This swing in the hydroperiod to a very wet
condition gave rise to the concern that the small, newly planted trees would suffer
increased stress and potentially higher mortality rate due to the depth of the continuous
ponded water. It was decided to reduce some of the water depth from the site by
digging by -pass channels around the roadside ditch plugs and constructing a temporary
outfall pipe at the west ends of the roadside ditches of Bay City 1, 3 and 4. The work
was done in late Augustiearly September of 2012 and the by -pass ditches were closed
in early April of 2013.
6.0 POST - CONSTRUCTION MONITORING
6.1 Vegetation. Planted tree and shrub monitoring plots were established at
58 monitoring well sites (2 percent of the restoration area) (Figure 5). Plots were
established after planting and all trees and shrubs within the plot were marked with a
stake. A few months after planting (after stems had grown leaves to allow for better
identification) planted stems within vegetation plots were tagged and identified to
species if possible. Each year prior to leaf fall in autumn, planted stems within
vegetation plots will be sampled for survival, beginning in 2011. In the fifth year, the tree
plots will be sampled for all woody volunteer stems, which will be recorded separately
from planted trees.
6.2. Hydrology. Electronic wells at the site, as well as a rain gauge, will be
downloaded once a month and the data (water level readings taken every 1.5 hours)
evaluated to document wetland hydroperiods.
6.3 Fixed -point photo stations. Photographs will be taken periodically
throughout the monitoring year to visually document hydrologic conditions, stability,
vegetation growth, and the evolution of the restoration site. Permanent photo point
locations were established at east ends of Bay City Roads 1, 3, and 4, at the southeast
and southwest corners near County Line Road, and at the southeastern boundary of
Phase 1 near Peele Road (Figure 4). Several photographs will be taken at each station
to capture a panoramic view of the site. Photographs at the fixed -point stations will be
taken at each fall sampling and representative photos will be selected for inclusion in
the annual report. Representative photos of site conditions, earthwork, planting, and
others of interest are included in Supporting Document C of this report.
LITERATURE CITED
CZR, Incorporated. 2012. Compensatory Mitigation Plan for P and U Lands Restoration
Site, Richland Township, Beaufort County, NC in PCN for P and U Lands
Restoration Site, submitted January 2012.
P and U Lands Mitigation Site Phase 1 5 PCS Phosphate Company, Inc.
As -Built Report June 2013

Table 1. Planted species in Phase I by percent for each zone. Total acres and percents have been rounded; total may exceed 100.
Phase I planted species percent by zone
Trees
American elm
Zone 3
Zone 4
Zone 4A
Zone 5
Zone 6
Zone 7
Atlantic white cedar
Non - riverine
Pond pine
Pond pine
Hardwood
Hardwood
Swale
Species
Latin name
swamp forest
pocosin
pocosin
flat 1
flat 2
40
Pond pine
(302 ac)
(197 ac)
(130 ac)
(228 ac)
(10 ac)
(30 ac)
Trees
American elm
Ulmus americana
2
3
10
4
Atlantic white cedar
Chamaecyparis thyoides
10
10
15
<1
Bald cypress
Taxodium distichum
10
10
10
10
40
Pond pine
Pinus serotina
25
25
Cher ybark oak
Quercus pagodaefolia
15
Green ash
Fraxinus pennsylvanica
12
35
Ironwood
Carpinus caroliniana
10
5
5
Laurel oak
Q. laurifolia
7
10
7
Mulberry
Mores rubs
5
Overcup oak
Q. lyrata
10
15
Persimmon
Diospora virginiana
2
River birch
Betula nigra
5
Sugarberry
Celtis laevigata
2
5
Swamp chestnut oak
Q. michauxii
15
10
Swamp tupelo
Nyssa bitlora
5
15
15
Sycamore
Platanus occidentalis
5
Water hickory
Carya aquatica
7
Water oak
Q. nigra
13
Water tupelo
N. aquatics
9
2
10
10
20
White oak
Q. alba
5
Willow oak
Q. phellos
14
10
10
17
Small trees
Deciduous holly
Ilex decidua
2
3
10
2
Servicebery
Amelanchier canadensis
2
<1
Red chokeberry
Aronia arbutifolia
1
P and U Lands Mitigation Site Phase 1 PCS Phosphate Company, Inc.
As -Built Report June 2013

Table 1. (concluded).
Phase I planted species percent by zone
Shrubs
American
Callicarpa americana
Zone 3
Zone 4
Zone 4A
Zone 5
Zone 6
Zone 7
Species
Latin name
Non - riverine
swamp forest
302 ac
Pond pine
pocosin
197 ac
Pond pine
pocosin
130 ac
Hardwood
flat 1
228 ac
Hardwood
flat 2
10 ac
Swale
(30 ac)
Paw paw
Asima triloba
1
Red bay
Persea borbonia
2
2
1
3
Sweet pepperbush
Clethra alnifolia
1
<1
4
2
Titi
Cyrilla racemiflora
2
Sweetbay
Magnolia virginiana 1
4 1
6 1
9
8
<1
Shrubs
American
Callicarpa americana
2
Inkberry
Ilex glabra
1
2
1
Strawberry bush
Euonymous americana
2
Buttonbush
Cephalanthus occidentalis
3
Dusty zenobia
Zenobia pulvendenta
<1
Fetterbush
Lyonia lucida
<1
High bush blueberry
Vaccinium corymbosum
1
1
1
<1
Possumhaw
Viburnum nudum
<1
1
Silky dogwood
Cornus amomum
1
Spicebush
Lindera benzoin
<1
1
<1
Swamp dogwood
Comus foemina
1
Swamp doghobble
Leucothoe (Eubotrys) racemosa
<1
<1
Swamp azalea
Rhododendron viscosum
<1
<1
Dwarf azalea
Rhododendron atlanticum
<1
Swamp rose
Rosa palustds
2
Virginia sweetspire I
Itea virginica
2
<1
1 4
Winterberry I
Ilex verticillata
1
<1
Total stems by zone
P and U Lands Mitigation Site Phase 1
As -Built Report
153,969 1 106,225 1 89,243 1 123,126 1 5,263 1 21,380
PCS Phosphate Company, Inc.
June 2013

CASEY TRACT
17
PAICKER FARM
t /
U LANDS
P LANDS j +, �� r f PAR CTIONAR S
c
v
PARKER FARM
i r SECTION J
LEGEN
P AND U LANDS BOUNDARY
SOUTH CREEK CORRIDOR AND 0 5,000 10,000
PARKER FARM BOUNDARY
SCALE IN FEET
"O'er CAROLINA VICINITY MAP
P AND U LANDS PHASE I
SITE LOCATION
P LANDS PCS PHOSPHATE COMPANY, INC.
SOURCE: SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG /TLJ
PORTIONS OF THE BOUNDARY PROVIDED BY: ROBERT M. CHILES,
NEW BERN, NORTH CAROLINA, JOB $2009096, DATED: 11/19/2009 DATE: 05/30/13 FILE: P_LANDS_VIC_PH1_AB
AND 02/02/2010 AND BEAUFORT COUNTY GIS DATA WEBSITE
WWW.CO.BEAUFORT.NC.US, BEAUFORT COUNTY PARCEL DATA SHAPEFILES, CP #1 745.59.32.1
NAD 1983 FEET.
4709 COLLEGE ACRES DRIVE
USGS TOPOGRAPHIC MAP IMAGES, NC STATEPLANE, SUITE 2
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WILMINGTON, NORTH CAROLINA 28403
NAD83, FEET, 1:24000- SCALE, WEBSITE: WWW.NCDOT.ORG INCORPORATED TEL [phone] FIGURE 1
FNYIRpR1ORAL CONSULrAKm FAX [phone]

E9PCADIft&S"T LUM HYP30MIKTINMT EM ON FWay, May 31 M342408%!
-- -THIS LINE SHOULD MEASJRE ONE HALF INCH pNAHXF SCALE PRMT. ,
W
T
a)
O
Z
0
0
I-
D
'M*S /C]voN X113 XV13
�
N
■ ,
Y cD 00 V 0 O ? W N
C N r
X
m
N O W 71 O O t0 (D Oo Oo V
O_ O_ C71 O_ fJ1 O N O N O N G
DO O O d d O O O O O O O
z
V
m m
$ LAT 35" 14' 54" N 31150 NwHako PIoWftaml • $ule 102 SEAL
m °
rs-OUTH 1i n u LON 76" 46' 37" W cQ o P and U Lands - Phase 1 JR PI,.- (561)w"700
`<' ` OF AURORA BEAUFORT COUNTY, NC onathan T Rlckett� „_ T0�' Fes: (2F I2?7 o 6m
(5611625.2770
N o FL Ce ffl * of Auftitudon: 6113 4112113
N s EXISTING LIDAR HYPSOMETRIC TINT NcCen2ealedAulhaHZaeon:C2761 JONATHANT RIC7�TT5
NC P.E. No. 26151
O
Z
m`tim
!l
Z001
'M*S /C]voN X113 XV13
�
�w
r
z
m
0
D
jgdHd
D
r
r
�o
O
D
v
'
m
O
g
0
m
Z
o
�
�
D
v
I
1
Z
C)
■ ,
Y cD 00 V 0 O ? W N
C N r
X
m
N O W 71 O O t0 (D Oo Oo V
O_ O_ C71 O_ fJ1 O N O N O N G
DO O O d d O O O O O O O
z
V
m m
$ LAT 35" 14' 54" N 31150 NwHako PIoWftaml • $ule 102 SEAL
m °
rs-OUTH 1i n u LON 76" 46' 37" W cQ o P and U Lands - Phase 1 JR PI,.- (561)w"700
`<' ` OF AURORA BEAUFORT COUNTY, NC onathan T Rlckett� „_ T0�' Fes: (2F I2?7 o 6m
(5611625.2770
N o FL Ce ffl * of Auftitudon: 6113 4112113
N s EXISTING LIDAR HYPSOMETRIC TINT NcCen2ealedAulhaHZaeon:C2761 JONATHANT RIC7�TT5
NC P.E. No. 26151

iW<AXftMSaKT IOTA HY'AS/JNEWJC TINT El(1..I ON Faky May 31.2M331726 FU - --
T W
V
r
D
Z z
D °
(A N
C7
Z
r
z
r*+
0
)pw
Y I
C
Xm
� ■ �
TN
W
[•l:
- THIS LINE SHOULD MEASJRE ONE HALF INCH ON AHALF SCALE PRY,
l /
ro
n rn
mm
M?..
Zook "b'S /adab kilo XV13
N
O
t0
OD
V
O
m
to
W N
j
J
J
m
J
mrn
p
v
i�
0
z
c
cn
co
m
cl)
o
Q
°o
�
C'1
0
ro
n m
0
0
m
0
o a
g m
A
3
z
61
v
2
G1
Zook "b'S /adab kilo XV13
N
O
t0
OD
V
O
7s
to
W N
j
J
J
J
J
v
v
i�
o
in
c
cn
co
in
o
v1
0 cn
°o
a
o
0
0
0
0
0
0
0
o a
o
o - - -- LAT 35" 14'54"N
m "P" and "U" Lands - Phase 1 `°N 76' 46'3' "`"
c.
�Q w SOUTH OF AURORA BEAUFORT COUNTY, NC
AS•BLIILT LIDAR HYPSOMETRIC TINT WITH MONITORING WELL LOCATIONS
D
r
r
0
D
i0
SEAL
3460 NonN4ke SwAwwd • %. no 102
Palm Baadi OaNais, Fiaiea 33403
IJTR Phone [phone]
Jonathan T. Ricketts �. Ta+ - Free: (877) 63"M
Fax : [phone]
FL OwJka8 of Au0ionzstlon:6113 4112113
NC Cendf"e of AUhonzaVOW C-2761 JONATHAN T. RICAETTS
NCP.E. No- 28164

D
n
0
v
0
a
0
0
N
G
COUNTY LINE ROAD
p
SMALL ROAD
—No - 3
LANDS
e
SMALL ROAD
0 1,200 2,400
SCALE IN FEET
SOURCE:
PORTIONS OF THE BOUNDARY PROVIDED BY: ROBERT M. CHILES,
NEW BERN, NORTH CAROLINA, JOB #2009096, DATED: 11/19/2009
AND 02/02/2010 AND BEAUFORT COUNTY GIS DATA WEBSITE
WWW.CO.BEAUFORT.NC.US, BEAUFORT COUNTY PARCEL DATA SHAPEFILES,
NAD 1983 FEET.
A
�F
\ \�CF
0
LEGEND
PHASE I PLANTING AREA
OPEN WATER OR PLUGGED /FILLED DITCH
- ROADS
© PERIMETER BERM AND PARKING AREAS
AREAS PLANTED IN PHASE I:
ZONE 3 NON- RIVERINE SWAMP FOREST
ZONE 4 POND PINE POCOSIN FOREST
ZONE 4A POND PINE POCOSIN FOREST
ZONE 5 HARDWOOD FLAT 1
F ZONE 6 HARDWOOD FLAT 2
0 ZONE 7 SWALES
PLANTING PLAN
P AND U LANDS PHASE I
PCS PHOSPHATE COMPANY, INC.
SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ /BFG
DATE: 05/30/13 FILE: _,6tWG- -
Z CP #1745.59.32.1
1709 COLLEGE ACRES DRIVE
SUITE 2
WILMINGTON, NORTH CAROLINA 28103
INCORPORATED TEL [phone] FIGURE 3
ENVIRONMENTAL WNSULTAKL FAX [phone]

m
D
A
PARKER FARM
LEGEND
SITE BOUNDARY
DITCH
f- SURFACE WATER FLOW DIRECTION
AQUATIC SPRAY MIX APPLIED 50 FEET
ON BOTH SIDES OF THE DITCH
AQUATIC SPRAY MIX APPLIED ONLY
ON THE SOUTH SIDE OF ROAD DITCH
ZZA AREA SPRAYED WITH
NON- AQUATIC CHEMICALS
Z��
q_j�l
0 2,200 4,400
SCALE IN FEET
I AREAS TREATED WITH HERBICIDE I
P AND U LANDS PHASE I
PCS PHOSPHATE COMPANY, INC.
SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG
PLAND DE.DW H1
DATE: 05/30/13 FILE:
HERBICIDE.DWG
4 CP# 1 745.59.32.1
J 4709 COLLEGE ACRES DRIVE
L SUITE 2 OLINA
INCORPORATED WILMINGTON, NOR TELL 9R10/392?9253
ENVIRONMENTAL CONSULTANTS FAX [phone] FIGURE 4

D
C7
O
D
O
O
N
`36
f4, '
36
�
1
2
33 31
B -/ Y
20 21
00
Li
LINE ROAD
COU NTY
SMALL ROAD
�28
27
0 xg
1.7
24
25
41t
SMALL ROAD
56
54
4f
\ %58
4 60
57
26
FI
0 1,200 2,400
SCALE IN FEET
SOURCE:
PORTIONS OF THE BOUNDARY PROVIDED BY: ROBERT M. CHILES,
NEW BERN, NORTH CAROLINA, JOB #2009096, DATED: 11/19/2009
AND 02/02/2010 AND BEAUFORT COUNTY GIS DATA WEBSITE
WWW.CO.BEAUFORT.NC.US, BEAUFORT COUNTY PARCEL DATA SHAPEFILES,
NAD 1983 FEET.
LE END
AREAS PLANTED IN PHASE I:
ZONE 3 NON - RIVERINE SWAMP FOREST
0 ZONE 4 POND PINE POCOSIN FOREST
® ZONE 4A POND PINE POCOSIN FOREST
0 ZONE 5 HARDWOOD FLAT 1
0 ZONE 6 HARDWOOD FLAT 2
ZONE 7 SWALES
MONITORING LOCATIONS
P AND U LANDS PHASE I
PCS PHOSPHATE COMPANY, INC.
SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ /BFG
DATE: 05/30/13 FILE: - XB.DWG- -
CP #1 745.59.32.1
4709 COLLEGE ACRES DRIVE
SUITE 2
WILMINGTON, NORTH CAROLINA 28403
INCORPORATED TEL [phone] FIGURE 5
eNnxal�cNUL caauuwls FAX [phone]
PHASE I PLANTING AREA
OPEN WATER OR PLUGGED /FILLED DITCH
-
ROADS
+
PERIMETER BERM AND PARKING AREAS
TREE SAMPLING PLOT
•
WELL LOCATION AND TREE MONITORING PLOT
(WELLS TO MONITOR LATERAL DRAINAGE EFFECT MAY
NOT HAVE A TREE PLOT. LOCATIONS ARE
APPROXIMATE.)
H
PHOTO STATIONS AND DIRECTION OF PHOTO TAKEN
AREAS PLANTED IN PHASE I:
ZONE 3 NON - RIVERINE SWAMP FOREST
0 ZONE 4 POND PINE POCOSIN FOREST
® ZONE 4A POND PINE POCOSIN FOREST
0 ZONE 5 HARDWOOD FLAT 1
0 ZONE 6 HARDWOOD FLAT 2
ZONE 7 SWALES
MONITORING LOCATIONS
P AND U LANDS PHASE I
PCS PHOSPHATE COMPANY, INC.
SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ /BFG
DATE: 05/30/13 FILE: - XB.DWG- -
CP #1 745.59.32.1
4709 COLLEGE ACRES DRIVE
SUITE 2
WILMINGTON, NORTH CAROLINA 28403
INCORPORATED TEL [phone] FIGURE 5
eNnxal�cNUL caauuwls FAX [phone]

m
D
{
LEGEND
PHASE 1 (970.38 ACRES)
• WELL LOCATION AND TREE MONITORING PLOT
(WELLS TO MONITOR LATERAL DRAINAGE EFFECT
MAY NOT HAVE A TREE PLOT. LOCATIONS ARE
APPROXIMATE.)
SOILS
SYMBOL SOIL NAME
Da DARE (ORGANIC)(60.81 ACRES)
Po PONZER (ORGANIC)(751.85 ACRES)
TaB TARBORO SAND (4.18 ACRES)
Wd WASDA (ORGAN IC)(153.54 ACRES)
0 HYDRIC SOILS
® NON — HYDRIC SOILS
NOTE:
ONLY HYDRIC SOILS ARE DESIGNATED MINERAL
OR ORGANIC.
PARKER FARM
SOURCE:
PORTIONS OF THE BOUNDARY PROVIDED BY: ROBERT M. CHILES,
NEW BERN, NORTH CAROLINA, JOB #2009096, DATED: 11/19/2009
AND 02/02/2010 AND BEAUFORT COUNTY CIS DATA WEBSITE
WWW.CO.BEAUFORT.NC.US, BEAUFORT COUNTY PARCEL DATA SHAPEFILES,
NAD 1983 FEET.
AERIAL IMAGE PROVIDED BY: NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION, 1998 COLOR - INFARED DIGITAL ORTHO MOSAICS,
NORTH CAROLINA STATE PLANE, NAD83, FEET, BEAUFORT COUNTY,
WEBSITE: WWW.NCDOT.ORG
SOIL SURVEY OF BEAUFORT COUNTY, NORTH CAROLINA, US DEPARTMENT
OF AGRICULTURE NATURAL RESOURCES CONVERSATION SERVICE,
ISSUED: SEPTEMBER 1995
SOILS
P AND U LANDS PHASE I
PCS PHOSPHATE COMPANY, INC.
SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ /BFG
MW DATE: 05/30/13 FILE: PLAN c SOILS_PH1
2,200 4,400
CP #1745.59.32.1
4709 COLLEGE ACRES DRIVE
SUITE 2
SCALE IN FEET INCORPORATED WILMINGTON, NORTTH AROOLIN�Z28M FIGURE 6
EWWKWR&era COx TAM FAX [phone]

APPENDIX A
P AND U LANDS PHASE 1
PERMITS, CERTIFICATIONS, AND NURSERY CERTIFICATES
P and U Lands Mitigation Site - Phase 1 Appendix A
As -Built Report June 2013

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2001 -10096 County: Beaufort U.S.G.S. Quad: NC- AURORA
GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: PotashCory
Attn: Mr. Jeff Furness
Address: 1530 NC Hwy 306 South
Aurora, North Carolina
27806
Agent: CZR Incorporated
Attn: Ms. Julia Kirkland Berger
Address: 4709 College Acres Drive
Suite 2
Wilmington, North Carolina
28403 -1725
Size and location of property (water body, road name /number, town, etc.): Approximately 3667 acres (aka The P Lands
and U Lands Restoration Site; Phases 1, 2 and 3) near the headwaters of South Creek located on the east and west sides of Bay
City Highway (SR 10021 southeast of the Town of Aurora, Beaufort County, North Carolina Latitude: 35.233831
Longitude:
- 76.775742
Description of projects area and activity: This permit authorizes excavation, mechanized land clearinz and the placement of fill
material associated with the construction of the P Lands and U Lands Restoration Site Phases 1 2and 3 Authorized impacts
to waters of the U.S. are identified in the table on page 2 of this authorization.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NW-27
CEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated _ February 6. 2012 . Any violation of
the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, 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 construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the 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.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvaWpermits.
If there are any questions regarding this ve ' cation, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tom Steffen! aY91 4615.
Corps Regulatory Official
Expiration Date of Verification:
Page lof 3
Date: l -& I
MIA

Ammary of Authorized Impacts and Required Mitigation
NWP /GP
Open Water (acres)*
Wetland acres)**
Unim octant Stream
Important Stream 1
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
27
0
15.19
381
0
0
0
0
0
Impact total
0
15.19
381
0
0
0
0
0
Total Loss of Waters of the US acres
= 0
Required Wetland Mitigation acres = 0
Total Loss of Waters of the US 1
= 0
Required Stream Mitigation (If) = 0
Additional Remarks:
Supporting documentation, attached figures and appendices for the project purpose was submitted with the PCN and titled
"Compensatory Mitigation Plan for the P lands and U Lands Restoration Site ".
* Individual open water impact locations are detailed in Exhibit A attached to the PCN and represent the addition of plugs and/or fill
into multiple ditches to recharge the hydrology of the surrounding wetlands.
** Individual wetland impact locations (WI-W22) are also detailed in Exhibit A. Impacts are represented as temporary impacts
necessary to fulfill the overall project purpose of wetland restoration/reestablishment and enhancement/rehabilitation.
ie Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
Tease complete the attached customer Satisfaction Survey or visit htt2:// per2 .nwp.usace.army.miVsurvey.html to complete the survey
online.
Copy Furnished: Jonathan T. Ricketts, Inc.
Page 2 of 3

Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _ Action ID _
Basis For Determination
The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and prior to the implementation of the
Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coast Plain Region.
Remarks: All necessary parameters were evaluated and documented on the appropriate data forms. Waters of the US
determinations were documented based on the presence of an ordinary high water mark pursuant to Regulatory Guidance Letter 05 -05;
Ordinary High water Mark (OHWM Identification.
Attention USDA Program Participants
jis delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
"It is not necessary to submit an fo to the Division Office if you do not object to the determination in this correspondence."
"�rps Regulatory Official: "# 51h'N7=�-7U S
,..ate: 04/18/2012 / I Expiration Date:
Page 3 of 3
Li'LI

Action ID Number: SAW -2001 -10096 / P and U Lands Restoration Site / NWP 27 County: Beaufort
ermittee: PotashCorn / Mr. Jeff Furness
Date Permit Issued: 04118/2012
Project Manager: Tom Steffens / David Lekson
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Mr. David Lekson
Washington Regulatory Field Office
2407 West 5* Street
Washington, North Carolina 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
- ccordance with the terms and condition of the said permit, and required mitigation was completed in
xordance with the permit conditions.
Signature of Permittee
Date

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishment of
tidal and non -tidal wetlands and riparian areas, the restoration and enhancement of non -tidal
streams and other non -tidal open waters, and the rehabilitation or enhancement of tidal streams,
tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic
resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms, as well as discharges of dredged
or fill material to restore appropriate stream channel configurations after small water control
structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement,
restoration, or establishment of riffle and pool stream structure; the placement of in- stream
habitat structures; modifications of the stream bed and/or banks to restore or establish stream
meanders; the backfilling of artificial channels; the removal of existing drainage structures, such
as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland
hydrology; the installation of structures or fills necessary to establish or re- establish wetland or
stream hydrology; the construction of small nesting islands; the construction of open water areas;
the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding;
activities needed to reestablish vegetation, including plowing or discing for seed bed preparation
and the planting of appropriate wetland species; re- establishment of submerged aquatic
vegetation in areas where those plant communities previously existed; re- establishment of tidal
wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to
remove non - native invasive, exotic, or nuisance vegetation; and other related activities. Only
native plant species should be planted at the site.
This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non -tidal waters on the project site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur
when wetland hydrology is more fully restored during wetland rehabilitation activities are not
considered a conversion to another aquatic habitat type. This NWP does not authorize stream
channelization. This NWP does not authorize the relocation of tidal waters or the conversion of
tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal
wetlands into open water impoundments.
Compensatory mitigation is not required for activities authorized by this NWP since these
activities must result in net increases in aquatic resource functions and services.

Reversion. For enhancement, restoration, and establishment activities conducted: (1) In
accordance with the terms and conditions of a binding stream or wetland enhancement or
restoration agreement, or a wetland establishment agreement, between the landowner and the
U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (MRCS), the
Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean
Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as
voluntary wetland restoration, enhancement, and establishment actions documented by the
NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide
standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining
Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and
Enforcement ( OSMRE) or the applicable state agency, this NWP also authorizes any future
discharge of dredged or fill material associated with the reversion of the area to its documented
prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities).
The reversion must occur within five years after expiration of a limited term wetland restoration
or establishment agreement or permit, and is authorized in these circumstances even if the
discharge occurs after this NWP expires. The five -year reversion limit does not apply to
agreements without time limits reached between the landowner and the FWS, MRCS, FSA,
NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes
discharges of dredged or fill material in waters of the United States for the reversion of wetlands
that were restored, enhanced, or established on prior - converted eropland or on uplands, in
accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their
designated state cooperating agencies (even though the restoration, enhancement, or
establishment activity did not require a section 404 permit). The prior condition will be
documented in the original agreement or permit, and the determination of return to prior
conditions will be made by the Federal agency or appropriate state agency executing the
agreement or permit. Before conducting any reversion activity the permittee or the appropriate
Federal or state agency must notify the district engineer and include the documentation of the
prior condition. Once an area has reverted to its prior physical condition, it will be subject to
whatever the Corps Regulatory requirements are applicable to that type of land at the time. The
requirement that the activity results in a net increase in aquatic resource functions and services
does not apply to reversion activities meeting the above conditions. Except for the activities
described above, this NWP does not authorize any future discharge of dredged or fill material
associated with the reversion of the area to its prior condition. In such cases a separate permit
would be required for any reversion.
Reporting. For those activities that do not require pre - construction notification, the
permittee must submit to the district engineer a copy of. (1) The binding stream enhancement or
restoration agreement or wetland enhancement, restoration, or establishment agreement, or a
project description, including project plans and location map; (2) the NRCS or USDA Technical
Service Provider documentation for the voluntary stream enhancement or restoration action or
wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by
OSMRE or the applicable state agency. The report must also include information on baseline
ecological conditions on the project site, such as a delineation of wetlands, streams, and /or other
aquatic habitats. These documents must be submitted to the district engineer at least 30 days
prior to commencing activities in waters of the United States authorized by this NWP.

Notification: The permittee must submit a pre - construction notification to the district
engineer prior to commencing any activity (see general condition 31), except for the following
activities:
(1) Activities conducted on non - Federal public lands and private lands, in accordance
with the terms and conditions of a binding stream enhancement or restoration agreement or
wetland enhancement, restoration, or establishment agreement between the landowner and the
U.S. FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies;
(2) Voluntary stream or wetland restoration or enhancement action, or wetland
establishment action, documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSMRE or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation to the
district engineer to fulfill the reporting requirement. (Sections 10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in -lieu fee projects. However, this NWP does not authorize the reversion of
an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
3

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg_atoa Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
b. 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.
4

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.
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 and compliance with applicable NWP general
conditions, as well as any activity - specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
5

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non - federal permittees must submit a pre- construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally - listed
endangered or threatened species or designated critical habitat, the pre - construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non-
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction 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. If the non - Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species - specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
0

(f) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http: / /www.fws.gov/ or hgR://www.fws.gov/ipac and
http : / /www.noaa.g_gv /fisheries.htrnl respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, 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. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non - federal permittees must submit a pre - construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre - construction notification must state which historic properties may be affected
by the proposed 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
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre - construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, 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 on which the
activity may have the potential to cause effects and so notified the Corps, the non - Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(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
7

section 106 consultation is required and will occur, the district engineer will notify the non-
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non - Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown- Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, 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.
8

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

the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee- responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee - responsible mitigation, the
special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required,
its long -term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right -of -way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non - Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Ouality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
10

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

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

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United States expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general pennit(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
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1 /10 -acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non - Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non - Federal applicants the PCN must state which historic property may be affected by the
proposed work 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.
13

(2) For all NWP activities that require pre - construction notification and result in the loss
of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre - construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that
require pre - construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site - specific comments.
The comments must explain why the agency believes the adverse effects will be more than
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the pre - construction notification. The district engineer will
fully consider agency comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the NWPs, including the need
for mitigation to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre - construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson - Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre- construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal adverse effects. When making minimal effects determinations the
district engineer will consider the direct and indirect effects caused by the NWP activity. The
district engineer will also consider site specific factors, such as the environmental setting in the
14

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case - specific special conditions to the NWP
authorization to address site - specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 -
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
minimal, after considering mitigation, the district engineer will notify the permittee and include
any activity - specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity - specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is 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, with activity- specific
15

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the 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 or has determined that prior approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
Best managementRractices MPs): 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 (re- establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
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
decline in other aquatic resource f inction(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year - round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
16

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

flowing water is either non - emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the 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/historic functions to a former aquatic
resource. Re- establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in again in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re- establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
18

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non - wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish 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 linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner /developer or partnership or other association of
owners /developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non - linear nroiect: For non - linear projects, the tern "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner /developer or partnership or other association of owners /developers. A single and
complete non - linear project must have independent utility (see definition of "independent
utility "). Single and complete non - linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stonmwater 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.
Stornwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
19

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal 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).
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 a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1) -(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.
20

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time ofpublication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re- direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits" section of our
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (NWP) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
( NCDMF) or the North Carolina Wildlife Resources Commission ( NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty -five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
13 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February I and June 30, without prior written approval from the NMFS.
21

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWT's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre- Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: hU:// www .saw.usace.&M.mil/wetiands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636 -3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
22

2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non - federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non - federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
http:// portal. ncdenr .org /web /wq /swp /ws/pdu/ncwam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty -
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
23

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
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
20830 Great Smoky Mtn.
Expressway
Ashe
Mitchell
Wilkes
Waynesville, NC 28786
Avery I
Stokes
Swain
Telephone: [phone]
Burke
I Sum
Transylvania
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
I Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case -by -case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate /accepted stream quality assessments *. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
hn: / /www.saw.usace.#M.mil /wetlands /permits /nw,g /n3!22012 (see "Quick Links ")
24

3.2 Mitigation for Loss of Stream Bed
For, any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case -by -case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre - construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
25

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe /culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5- minute quadrangle maps.
Circular
Culvert
Rise
Streambed (DiarneW)
t
12 Inches
invert
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
26

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and 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 by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
27

4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #27 — Aquatic Habitat Restoration, Establishment, and Enhancement Activities.
4.1.1. If you are under contract to the North Carolina Ecosystem Enhancement Program
( NCEEP) and are supplying a PCN for impacts associated with a mitigation project that will be
used to supply mitigation credits to NCEEP, the PCN must include a cover letter from the
NCEEP stating that they have reviewed and approved your restoration plan.
28

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
March 30, 2012
DWQ Project # 12 -0107
Beaufort County
PCS Phosphate Company, Inc NOT A LAMA PERMIT
1530 NC Hwy 306 South
Aurora NC 27806 D � @ � D U T
Subject Property: P and U Lands Restoration Site, Phases 1, 2, and 3 APR 649 2012
Gum Swamp Run [TAR07 29 -28 -3; C, Sw, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Furness:
You have our approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise temporarily impact 381 acres of wetlands by soil disturbance
and fill /plug 15.19 acres of waters for the purpose of wetland restoration /reestablishment and
enhancement at the subject property, as described within your application dated February
1 St, 2012 and received by the N.C. Division of Water Quality (DWQ) on February 9th, 2012. After
reviewing your application, the proposed impacts are covered by General Water Quality
Certification Number(s) 3689 (GC3689). The Certifications) allows you to use Nationwide
Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge, and Stormwater regulations. Also, this approval to proceed with your proposed
Impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is 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. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total fills for
this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet. www ncwatcrguality -oi
943 Washington Square Mall Phone [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity /Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
None hCarolina
Naturally

Page 2 of 4
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained
within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede
all other sediment and erosion control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification and
authorized by this written approval, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
Amount Approved
Plan Location or
Units
Reference
Stream
feet
404 Wetlands
381 (acres)
PCN Information
Package
Waters
15.19 " (acresf "
PCN Information
Package
Buffers
(square ft.) _
_
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained
within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede
all other sediment and erosion control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification and
authorized by this written approval, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion

Page 3 of 4
control Best Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
4. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval by DWQ. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources has released the project.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699 -1650.
9. The applicant /permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with §303(d) of the Clean Water Act), and any other appropriate
requirements of State and Federal Law. If the Division determines that such standards or
laws are not being met, including failure to sustain a designated or achieved use, or that
State or Federal law is being violated, or that further conditions are necessary to assure
compliance, then the Division may reevaluate and modify this General Water Quality
Certification.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and /or civil penalties. The authorization to proceed with your proposed

Page 4 of 4
impacts or to conduct impacts to waters as depicted in your application and as authorized by
this Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. 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 15A NCAC 02H..0500. If you have any questions, please telephone Amy Adams of
the Washington Regional Office at 252 - 948 -3917 or Ian McMillan of the 401 Webscape Unit at
919- 807 -6364
Sincerely,
Fo Chuck Wa-
Enclosures: Certificate of Completion
GC 3689
cc: Corps of Engineers Washington Regulatory Field Office
DWQ 401 Oversight /Express Unit
DCM, Doug Huggett, Morehead District Office
DLR, Pat McClain, WaRO
File copy
Filename: 12- 0107_P_U Lands_3689 /aa

Water Quality Certification No. 3689
Water Quality Certification Number 3689 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of
the Corps of Engineers regulations (i.e., Nationwide Permit Numbers 13 and 27) and Regional
Permit 197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized; wetland
and riparian restoration or creation; and the construction and maintenance of bulkheads on non -
Federal Energy Regulatory Commission (FERC) lakes.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95-217
if conducted in accordance with the conditions set forth.
All proposed fill or modification of wetlands and /or waters, including streams and streambanks,
under this General Certification requires application to, and written approval from the Division of
Water Quality (the "Division "), regardless of the purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500
feet of stream banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this work in the Neuse, Tar - Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 2B .0200]) will require
written approval, unless the activities are listed as "EXEMPT" from these Rules;
In accordance with North Carolina General Statute Section 143- 215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02 -02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. No waste, spoil, solids, or fill of any kind shall occur In wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - construction Notification and /or those
authorized by this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Water Quality Certification No. 3689

Water Quality Certification No. 3689
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be In full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
Installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite In a timely
manner..
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supersede all other
sediment and erosion control requirements.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project.
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self- monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http ,llh2o.enr.state.nc.us/su/Forms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3689

Water Quality Certification No. 3689
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work w'ithln the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate W RC,
USFWS, NMFS, and/or DMF personnel.
NC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS)'urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by.
a. Using flow diversion structures such as sandbags;
b. Placing large -size rock toes and filter cloth backing for stabilization sites before
backfilling! and
c. Excavating new channel alignments in dry areas.
Construction at non - `urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout or
anadromous fish resources in this stream.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar - Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed In accordance with 15A
NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
Including diffuse flow requirements, must be met.
9. Water Supply Watershed Buffers
The 100 -foot wide (high- density development) or the 30 -foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
Water Quality Certification No. 3689

Water Quality Certification No. 3689
provided in the Water Supply Watershed Protection Rules (15A NCAC 2B .0212 through
.0215].
10. If concrete Is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life /fish kills.
11. Any rip -rap shall be of such a size and density so as not to be able to be carried off by wave
or current action and consist of clean rock or masonry material free of debris or toxic
pollutants. Rip -rap shall not be installed in the streambed except in speck areas required for
velocity control and to ensure structural integrity of bank stabilization measures. If rip -rap is
to be Installed within the streambed, the amount and location must be approved in writing by
the Division of Land Resources and Division of Water Quality. However, rock vanes, wing
deflectors, and similar structures for grade control and bank protection are acceptable.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact or Record of Decision Is
issued by the State Clearinghouse.
13. Additional site - specific conditions may be added to the written approval attached to this
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
14.This Certification shall expire three (3) years from the date of the approval letter from DWQ or
on the same day as the corresponding Nationwide Permit. In accordance with General
Statute 136 - 44.713, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re- application and re- approval to use this Certification for the specific
impacts already approved.
15. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
16. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
Non - compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and /or civil
penalties.
Water Quality Certification No. 3689

Water Quality Certification No. 3689
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project In this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Colleen H. Sullins
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC) Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3689

AAELik
-ALS
SupeTree
StijUirV
Toll Free: 1- 800 -222 -1290
Phone: 843 - 528 -3203
Fax: [phone]
www.supertreaseedlings.com
Date:
Seedling Distribution Sheet
oJ-" 005369
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516
Circle One: OT or NOT
JOAD (r'
Name: �C 5 1� �v� ",. -p-
Customer °- _
Ordered by: Q 11
a U V
Package Temperature
Temperature
Carrier Name
Driver Signature /J =
Number of Racks A0 Customer orAuthori a Signature
ArborGen Employee Signature
PACKING SLIP ARBORGEN�
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
Tmahnen
P
_etc._
Avg. Sidgs/
Box
No. of
Boxes
Seedlings Shipped
F �
� a
��? 11� tl
5.0
95
12 q50
Nil,
S
Q-,
?IDS -11
f Ov
6G�0
t!5
5
9�
36 0c)0
j I
I O-Ik—
�
o? Do
3
r: v U o
(� n�
l l IC T' _e� `
1-1 .1
f
Mo.
51
Aco
55
CDC)
�o-v—k�,-L
6l� 3 `�
�s
ou
�5
Doc)
nJ �-
lug
`�( >;�
a
�v�
�o
oc;

SUPC
Toll Free: 1- 800 -222 -1290
Phone: 843 - 528.3203
Fax: [phone]
www.supertreeseedlings.com
Date: � 1 0 I 1 I
Time: h) a.m. m.
Seedling Distribution Sheet
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516
u ;
®05370
Circle One: �rOT� or NOT
Customer Name: ks P �-o f �l�_ _ � -#-, -o"
Ordered by: ��. Nl.�za,Q��.
,4 Ship to Location: 1. zL a, IAJ
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
r-
Pounce,
_ etc.
Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped
gob-
4
�5
IS
ago
a
5 �oU
Package Temperature
Temperature
Carrier Name ( � _rf (
Driver Signature
`i
IvL. , iber of Racks CustomerorAut oo iiedSignature
ArborGen Employee Signature
PACKING SLIP
ARBORGEN'

i
SuperTree
Toll Free: 1- 800 -222 -1290
Phone: [phone]
Fax: [phone]
www.supertresseedlings.com
Date:
Time: a.m p.m.
Seedling Distribution Sheet
A2 005414
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516
Circle One: OT or NOT
DA 40
�( Customer Name: T W`
Ordered by:
Ship to Locatio'
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
Pounce,
�,
Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped
- W\�:L
&
-161 V
50
91
n
d�
8
lLI
�,�, X10
�-'
a U J
3. J
9'
� o �
nV i1�
C-
160
1!'
10c)
5
LE I
C°
1,� 3_L4
�U
st
Jo,
13
C�
U
IOU
~'
C,
Totals
5
Package Temperature
V Temperature
Carrier Name
Driver Signature
` 3
N .,..oer of Racks Customer orAuthgrized Signature
ArborGen Employee Signature �' '~ r��w'� - !
�ACKING SLIP ARBORGEN�

1
e
supePTi'+e'e
Toll Free: 1- 800 -222 -1290
Phone: [phone]
Fax: [phone]
www.supertreeseedlings.com
Date: -, ' I
Time: P.M.
Seedling Distribution Sheet
i -- e3
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516 - ,
Circle One: � OT� or NOT
/ 1N
Customer Name: �G5 - �'� ` ` �1U_C-`�
Ordered by:
C-7j f- Ship to Location: C
Lift Date
Species
J—
Family
Seedlot
Gen.
Pallet Tag We
Pounce,
etc.
Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped
AUc:
t'p
T Lit:,
Totals
n,
Package Temperature Carrier Name
` -Imperature Driver Signature
r�
Nu„iber of Racks CustomerorAutho 'zed'Signature
ArborGen Employee Signature �v +� -rte'' �- ���� v��� `- i
4' CKING SLIP
ARBORGEN�

►J
b!
37
AMA Seedling Distribution Sheet
AM 3
South Carolina SuperTree Nursery
SUp01W 5594 Highway 38 South
Blenheim, SC 29516 -
Toll Free: 1- 800 -222 -1290 Circle One: OT or NOT ✓�
Phone: 843 - 528 -3203 i1
Fax: 843- 528 - 3943 PC www.supertreaseedlings.com G — ^�� �� '(;-
{ � CustomerName: � �v „�,�• ��;,y -`— _ ��
�I�i i r r 1
Date: '� I `[. 1 �) q �? ; Ordered by: -'`—
Time: • �1 r 1 a.m. p.m. Ship to Location! ✓
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
pounce
Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped
etc.
.cn �
I� .� I v
J r cr
t r Jrl v. jJf
F' r Ci
(j 1
i
G G}
L)U
�GU
TX tan: i Q
I S�
t M
U
'
iC•U
c� r v
)-Q J, (�.A ,I UA
a -
Cin(y -9
�G�
2yL� fur
�cp
L 5
n
/ I
f ! .0
lY w-
1132
L
n 4
a
c)
'
13
4fil�
! 17�),,
gL
5L
)On L
L,
5,�.��w�__
l �'
U o
}
f U c,
r,
Totals
'
Package Temperature
V- Temperature
Carrier Name
Driver Signature t
N-... .jer of Racks I CustomerorAuthc�nze Signature
ArborGen Employee Signature
PACKING SLIP ARBORGENg

t,
AM
SuperTree
S
Toll Free: 1- 800 -222 -1290
Phone: 843 - 528 -3203
Fax: 843 - 528 -3943
www.supertreeseedlings.com
Date:
Time: U ` a m� P.M.
Seedling Distribution Sheet
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516
4 U-Q-
y 005425
Circle One: %` 'or NOT
�� ' Customer Name: �c�- PL.,L a, -J � A �
Ordered by: U��
Ship to Location:" f A/C-- -
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
TreMrne4
Pounce,
etc.
Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped -,
c)
6' L
UG
j-
Totals
Package Temperature Carrier Name \ i�-
`' 'smperature Driver Signature,, '
Nu.. goer of Racks Customer or Authorized S' Mature
r
ArborGen Employee Signature
PACKING SLIP
ARBORGEN

AM
SuperTree
Se
Toll Free: 1- 800 - 222 -1290
Phone: [phone]
Fax: [phone]
www.supertreeseedlings.com
Date: I �v'-
Time: 3 L' a.m�b.m.
Seedling Distribution Sheet
South Carolina SuperTree Nursery
5594 Highway 38 South
Blenheim, SC 29516
kw" 005426
Circle One: f O� or NOT
r
Customer Name :_ C
Ordered by:
Ship to Location: t.'` v r A
Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s
Tea
�.
t Avg. Sldgs/
Box
No. of
Boxes
Seedlings Shipped
5
c1� -1
1'
�r
d C
33
Lo
Totals
a
1
Package Temperature Carrier Name
i y 1
V" 'imperature Driver Signature.
Nu —aer of Racks t, CustomerorAuthorizedSignature
ArborGen Employee Signature yrja0 �.
- PACKING SLIP ARBORGEN�

l4lAe JNJL4 OAS e-eY
Native Trees & Shrubs for Restoration
Invoice 1140
Date: 7.22.11, 10.3.11, 10.13.11, 12. 1. 11 & 3.7.12
Customer:
PCS Phosphate
1530 NC Hwy 306 South
Aurora, NC
Bill & Jennifer Cure
880 Buteo Ridge Road
Pittsboro, NC 27312
Office phone /fax [phone]
Bill (919) 444 -905.9 cell
Jen (919) 444 -1013 cell
Curenurservamindsyin4.com
www.curenursery.com
Project Date: Spring 2012
P.O. # D- 10495224
No.
Size
Species
Price
Amt.
880
S
Clethra alnifolia
1.65
1452.00
190
L
Clethra alnifolia
3.85
731.50
972
S
Cyril/a racimiflora
1.65
1603.80
228
S
Eubotrys racemosa
1.65
376.20
25
1G
Eubotrys racemosa
5.65
141.25
100
113
Rhododendron viscosum
7.00
700.00
120
M
Rhododendron viscosum
2.50
300.00
45
1G
Zenobia pulverulenta
5.65
254.25
120
S
Aronia orbutifolia (direct sub. for Clethra)
1.65
198.00
2680
Plant Total:
$5757.00
2680
Deposit Due:
$1900.00
Balance Due after Delivery:
$3857.00
4.i /5
Purchase Policy: All prices are F.O.B. Cure Nursery. Payment is due at pick -up unless credit arrangements have
been made. For accounts past due, a finance charge of 1.25% per month will be incurred. A 33% non - refundable
deposit is required for orders over $300 placed more than 30 days in advance. Orders not picked up when scheduled
may accrue a holding charge of 0.5% per day.
3/8/2012

919-742-1200 (ph); 919-742-1280 (fax)
Mellow Marsh Farm / —'n ^ ­.---317/2012
C
MELLOW MARSH FARM---------
PCS Plant Order March 9, 2012
Species (Tubling unless Loaded
otherwise noted) Common Name i -Total (initials) Received
Amelanchier canadensis (BR) Serviceberry
2,417 L-
Aronia arbutifolia !Red chokeberry___T_ 2,150
Callicarpa americana Beauty berry 75
Cephalanthus occidentalis ;Button bush 640
Clethra alnifolia Sweet pepper bush 5,233
Cornus foernina Swamp dogwood 1,210
Cyri112 racerniflora Titi
1,200
Euonymous americana Strawberry bush i 75
Ilex decidua (BR) Possum haw j 6,342
Ilex decidua Possum haw
194
llexglab.ra --- --- Ink berry 4,340
Ilex verticillata Winterberry
1,234
Itea virginica ;Virginia sweetspir-e
Leucothoe racemosa Swamp doghobble 108
F
Lyonia lucida (Rooted cutting) Fetterbush 500
Persea borbonia !Red bay 4,600
Rhododendron atlanticurn Dwarf azalea
716
Rhododendron viscosurn Swamp azalea
84--
Rosa palustris ,,Swamp rose 425
Vacciniurn corymbosum-- --LHiqhbush blueberryI 3,100
Vibumurn nudurn haw viburnum 1,100
— L -- -- -- P9u --- --
TOTAL L 41,6851
Received bv:

APPENDIX B
P AND U LANDS PHASE 1
AS -BUILT TOPOGRAPHY
(see files on accompanying CD)
P and U Lands Mitigation Site - Phase 1 Appendix B
As -Built Report June 2013

APPENDIX C
P AND U LANDS PHASE 1
SELECTED PHOTOGRAPHS
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 1. Typical sediment and erosion control treatment along interior
ditches; seeding and strewn straw, 28 October 2010.
Photo 2. Stump and debris piles post timber harvest, November 2010.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 3. Implement test for chip distribution treatment, June 2011.
Photo 4. Helicopter for herbicide application, October 2011.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 5. Aerial view to west of toe ditches dug to increase drainage of
site for stump removal. Bay City #2 in upper right corner, October 2011.
Photo 6. Herbicide application along ditches adjacent to Bay City #1,
view to east October 2011.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 7. Perimeter berm construction along County Line Road,
November 2011.
Photo 8. Borrow pit excavated for sand for perimeter berms and clay for
plugs. Note person standing on far edge; pit was filled with chips and then
topsoil, December 2011.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 9. Installed clay plug in chip filled ditch in field just north of County
Line Road, January 2012.
Photo 10. View to north of Casey canal and perimeter berm along eastern
edge of Phase I from County Line Road , January 2012.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 11. Scarification to break up compaction from filling ditches with
chips, January 2012.
Photo 12. View to east of spillway at County Line Road, January 2012.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013

Photo 13. Planting in Field 1, day 3, just north of County Line Road,
March 2012. Note planters near piles in center of photo.
Photo 14. Planting pond pine in Zone 4A, day 2, March 2012.
P and U Lands Mitigation Site - Phase 1 Appendix C
As -Built Report June 2013