20170764 Ver 1_More Info Received_20170821

CREATING PLACES
THAT MATTER.
Mr. M. Corey Basinger, Regional Supervisor
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
1611 Mail Service Center
Raleigh, NC 27699-1611
Re: Approval of 401 Water Quality Certification with Additional Comments
Riverpointe Wastewater Treatment Facility Outfall
Dear Mr. Basinger:
August 15, 2017
D
2017
Thank you for your letter of July 6, 2017 in regard to the above -referenced project. Mr. Martin
Lashua who wrote to you is no longer with Utilities Inc., and LandDesign, Inc. has been requested
to assist in the continuation of this permit process. While the fundamental proposal of the project
remains unchanged, i.e. to address 'l,e problem of the exposed effluent sewer pipe, we have
completed a more detailed study and plans on how the project would be conducted.
Your letter did not identify any objections to the project, however in accordance with guidelines
from Duke Energy Lake Management Services, we are providing our Preliminary Engineering
Report to you as additional information and documentation. (Report enclosed.)
We would very much appreciate your favorable response and continued no objections to this
project, or no comments as appropriate.
Very r ly You
r ,
Dale C. St rt, P. E.
cc. Tony Konsul
Martin Scanlon
Ronnie Lawson
LANDDESIGN.COM
223 N GRAHAM STREET CHARLOTTE NC 28202 704 333 0325
CHARLOTTE WASHINGTON DC DALLAS ORLANDO • SAN FRANCISCO

ROY COOPER
Covernor
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
6 July 2017
DWR# 17-0764
Mecklenburg County
Mr. Tony Konsul
5701 Westpark Dr., Suite 101
Charlotte, NC 28224
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Riverpointe WWTP Outfall
Dear Ms. Shanaberger:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated June 14, 2017 and
received by the Division of Water Resources (the Division) on June 21, 2017. After reviewing
your application, we have determined that this project is covered by Water Quality General
Certification Number 4086 which can be viewed on our web site at
http://r)ortal.ncdenr.ora/web/wa/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers
(COE). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC
02H .0506 and 15A NCAC 02B .0243(8), 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)]
3. Approved Impacts:
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Open Water
0 acre linear ft. .18 acre
State of North Carolina I EmIronntenial Quality I water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Ralclgh. NC 27699 1611
919.7079000

4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
6. Heavy equipment may be operated within the stream channels however; its usage shall be
minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
7. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
9. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3)
10. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
15013 by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
htta://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New. Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
State of North Carolina I bivironmental Quality I Water Resources
512 N. Salishury Street I 1611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000

This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Len Rinder, WPEG, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 1 1611 Mail Service Centel- I Raleigh, NC 27699 1611
919.707.9(00

PRELIMINARY ENGINEERING REPORT (PER)
ASSESSMENT AND FEASIBILITY
FOR
RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Mecklenburg County, NC
April 7, 2017
Carolina Water Service, Inc. of North Carolina
LandDesign, Inc. 129 [ l f�0,
LandDesign Project #: 1016326

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
TABLE OF CONTENTS
Section I — Introduction................................................................................................ 5
-A. Purpose and Application....................................................................................
5
-B. Scope of Report.................................................................................................
5
Section II — Existing Conditions...................................................................................
6
II -A. History of Riverpointe Effluent Sewer...............................................................6
11-B. Existing Conditions...........................................................................................
6
Section III - Documentation.........................................................................................
8
III -A. Field Surveys...................................................................................................8
III -B. Sewer Easement Request...............................................................................8
III -C. Regulatory Reviews........................................................................................
8
Section IV — Site Assessment......................................................................................
9
IV -A. Lake Wylie Cove Conditions...........................................................................
9
IV -B. Shoreline Access Conditions...........................................................................
9
IV -C. Critical Reservoir Elevation.............................................................................
9
Section V — Feasibility Analysis.................................................................................10
V-A. Access Conditions..........................................................................................
10
V -B. Alternatives for Burial of Sewer......................................................................10
Section VI — Recommended Sewer Replacement.....................................................
12
VI -A. Replacement Plan and Existing Sewer Removal ..........................................
12
VI -B. Construction Sequences...............................................................................
12
K,

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
APPENDICES
Appendix A Photographs
Appendix B Original Plans for Effluent Sewer Line
Appendix C CWS Regulatory/ Environmental Letter
Appendix D Regulatory Agency/ Environmental Organization Responses
3

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
414110*1
Figure 1
Vicinity Map
Figure 2
Existing Effluent Pump Line
Figure 3
Cove Contributory Drainage Map
Figure 4
Existing Access Easements
Figure 5
Effluent Sewer Location in May 2015
Figure 6
Record of Underwater Location Survey in February 2016
Figure 7
Effluent Sewer Easement Exhibit
Figure 8
Effluent Sewer Location Survey, November 2016
Figure 9
Effluent Sewer Profile from November 2016 Survey
Figure 10
Effluent Sewer Replacement Plans
a. C1.0
Cover
b. C1.1
Sealed Survey & Notes
C. C1.2
Existing Conditions
d. C1.3
Easements - Existing & Proposed
e. C2.0
Proposed Outfall Plan & Profile
f. C2.1
Details & Spoils Location Map
4

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section I — Introduction
I -A. Purpose and Application
Carolina Water Service, Inc. of North Carolina (CWSNC) currently owns and operates a
water supply and distribution system and sewage collection and treatment system serving
the Riverpointe Subdivision in Mecklenburg County, North Carolina. These systems have
been continuously serving the Riverpointe Subdivision for over 30 years. Treated effluent
from the wastewater treatment plant is discharged to the main channel of Lake Wylie via
a submerged six inch diameter ductile iron pipe (DIP) sewer line. A Vicinity Map showing
the location of the subdivision, the wastewater treatment plant and the effluent sewer is
presented as Figure 1.
As a result of storm water induced erosion and fluctuating lake levels since the original
installation of the effluent sewer, a section of the sewer line is now exposed and has
resulted in homeowner complaints and requests to "bury" the sewer in the affected cove.
Appendix A includes a series of photographs taken during 2016 of the cove, the effluent
sewer, and marine structures currently occupying the cove on Lake Wylie.
CWSNC, in order to respond to these homeowner complaints, is pursuing the necessary
process and approvals to address the issue of the exposed sewer line. This PER provides
history, documentation, and specific recommendations and plans in support of the
Construction Application. This process includes notification to a Federal, State, and Local
agencies/organizations consultation list, construction application, and design plans.
1-13. Scope of Report
In addition to providing history of the Riverpointe Effluent Sewer, this PER includes the
progress on documentation related to agency review of the proposed action, results of
field surveys, proposed easement, and an assessment of the physical conditions at the
site and the Critical Reservoir Level (CRL). Feasible alternatives were evaluated for
addressing the exposed sewer issue including specific site visits and meetings with
marine contractors. Through this engineering evaluation process, conclusions were
reached on the means, methods, and timing of a sewer replacement, designs were
created, and construction plans were completed.
5

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section II — Existing Conditions
II -A. History of Riverpointe Effluent Sewer
The original developers of the Riverpointe subdivision obtained a National Pollutant
Discharge System Permit (NPDES Permit) in 1986. An Authorization to Construct (ATC)
was issued by the North Carolina Department of Environment and Natural Resources
(NCDENR) and the Riverpointe WWTP and Effluent Sewer line were constructed/
installed by James E. Harris Construction in 1988 in accordance with plans approved by
NCDENR. The plans illustrated a proposed 6" DIP sewer to be installed approximately
850 LF into Lake Wylie (to the approximate main channel). Construction was completed
and all facilities placed in service in 1988.
The Riverpointe WWTP included an effluent pumping station which pumps effluent via a
3" pressure main to a receiving manhole at the shoreline of the cove on Lake Wylie as
shown on Figure 2. This 3" pressure main terminates at the existing manhole and the
existing 6" DIP extends from this manhole as a gravity line into Lake Wylie.
Figure 3 highlights the topography of the land immediately above the cove and this
manhole. A significant drainage area flows into the cove and over time has contributed to
apparent erosion around and below the manhole exposing the 6" DIP effluent sewer.
During low lake levels in 2016 the effluent sewer was clearly visible as shown in the
photographs in Appendix A. The length of exposed (non -buried) pipe is slightly less than
240 linear feet.
II -B. Existing Conditions
In order to confirm both horizontal and vertical alignment of the 6" DIP effluent sewer,
CWSNC commissioned several field surveys. The initial surveys conducted in May 2015
included both a confirmation of easement rights of CWSNC for the pipeline extending to
the cove and a location survey of the 6" DIP sewer line visible at that time. These surveys
are included as Figures 4 and 5.
A records search by CWSNC and Duke Energy Lake Services (Duke) in May 2015 did
not turn up any easement for the effluent sewer line within the FERC Lake Boundary.
Accordingly, in order to submit a request for an easement as directed by Duke, CWSNC
commissioned a second survey that included retaining the services of an underwater
diving team to locate the pipe and survey to record the location. This survey and the
easement exhibit created based on this survey are included as Figures 6 and 7.
An aerial photo from GIS of the cove shows the location of several residential docks.
These docks also clearly are visible in photographs in Appendix A. One of the major
homeowner complaints relates to how the exposed effluent sewer line interferes with
personal watercraft navigation during low lake levels.
11

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
While field inspections confirmed portions of the effluent sewer are exposed as
documented by the photographs in Appendix A, no evidence has been found that the
sewer is experiencing any leakage. It should be noted that only fully treated effluent in
accordance with the NPDES permit is discharged through the effluent sewer.
One aspect of the survey that should also be noted is that the slope of the existing ground,
and thus, the pipeline, is fairly flat extending outward from the cove and steepens once
the pipeline extends further out into the main body of the lake. It was observed that this
condition of a flatter slope over the area of exposed pipe would be an advantage in
addressing the issue of the exposed effluent sewer line.
A third survey was completed in November 2016 specifically locating the exposed 6' DIP
during a period of very low lake water level.
7

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section III - Documentation
III -A. Field Surveys
As noted in Section II -B, CWSNC had two field surveys completed in May and June 2015
in early efforts to confirm horizontal and vertical location of the 6" DIP effluent sewer. In
addition, as a result of extreme drought conditions in the fall of 2016, CWS commissioned
an additional field survey to locate exposed sewer line while the lake level was even lower
than earlier in the year. This survey is included as Figure 8 and includes information from
each of the previous surveys.
III -B. Sewer Easement Request
As directed by Duke, CWSNC will submit a request to grant an easement for the operation
and maintenance of the 6" DIP effluent sewer. While never having been granted an
easement, nor required previously to apply for a FERC approval of the line, CWSNC has
nevertheless utilized the line for effluent conveyance under its NPDES permit for over 30
years. CWSNC now seeks to be granted an easement in order to respond to homeowner
concerns and complaints and to address the issue of the exposed effluent sewer.
III -C. Regulatory Reviews
As directed by Duke, CWSNC has further sought to notify applicable local, state, and
federal regulatory agencies and environmental organizations in order to obtain any
comments as a proposal to address the exposed sewer by removal of the existing line
and installation of a new line as determined by an engineering design process. A copy of
the letter initially distributed by CWSNC is included as Appendix D, and copies of all
responses received are presented in Appendix E. Generally, no opposition to the CWS
proposal to address the exposed pipeline issue was received.
As a result of more detailed assessment of the existing conditions and the completion of
plans for the installation of a new line parallel to the existing effluent sewer line and
removal of the existing line, CWSNC is continuing to illicit agency/ Organization
comments and responding to previous comments.
8

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section IV — Site Assessment
IV -A. Lake Wylie Cove Conditions
Based upon a review of the Duke Shoreline Management Guidelines in the Catawba
Wateree Hydroelectric Project License, there are no environmentally sensitive
designated areas in the Riverpointe Effluent Sewer Cove; however, the headwater of the
cove is fairly narrow and a number of residential docks exist, which have been
considered in addressing the effluent sewer pipeline.
As noted previously, slope of the cove bottom is gentle, and as a result, low lake levels
significantly expose the pipeline.
A profile of the effluent sewer from the November 2016 field survey is included as Figure
9. Note that the pipeline is exposed within a few feet of leaving the effluent manhole, is
buried for a short distance, and then is exposed again. As it leaves the effluent manhole,
the pipeline is exposed through the natural drainage channel.
Field inspection during periods of low lake level revealed very stable bottom conditions.
IV -B. Shoreline Access Conditions
Legal access rights to CWS from landward of the effluent sewer are extremely limited as
depicted on Figure 4. Further complicating access from internal Riverpointe streets are
conditions of steep, heavily wooded terrain and the previously noted drainage pattern.
Vehicular and construction equipment access would be severely limited without
temporary construction access easements granted by adjacent homeowners.
IV -C. Critical Reservoir Elevation
The Lake Wylie Critical Reservoir Elevation (CRE) has been set by Duke at 562 feet. A
Duke requirement establishes that the point of discharge of the 8" DIP effluent sewer be
below the CRE. As noted on the survey from underwater diver pipeline location, the
discharge elevation is well below this CRE.
IV -D. Available CWSNC Land
CWSNC originally served the Riverpointe subdivisions via groundwater well supply. Since
connecting to the Charlotte Water System, the wells are no longer in use. The well site,
consisting of approximately 2 acres are in relatively close proximity to the cove in which
the effluent sewer is located.
9

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section V — Feasibility Analysis
V-A. Access Conditions
Only two options exist for access of equipment and materials to the cove to address the
exposed pipeline issue:
1. landward from existing legal access rights and temporary construction easements
from homeowners;
2. via bridge and boat from the water.
CWSNC prefers not to request encroachment on any private property for which they
currently have no easement rights. Thus, access to the pipeline from land would be limited
to small equipment or worker manually transported materials. This access would
necessitate some amount of clearing (less than 20,OOOsf of clearing) without completely
denuding the landscape. Selective clearing by hand and avoidance of any mechanized
equipment would be preferable.
Water based access for delivery of equipment and materials is achievable based on the
configuration and dimensions of the cove and soil conditions (at low lake levels).
V -B. Alternatives for Burial of Sewer
Three alternatives were identified as being potentially implementable.
1. Remove and reinstall the existing 8" DIP Sewer
This option would require significant equipment to lift and reinstall the heavy
existing DIP, would require extensive excavation, and would require an extended
shut down of discharge of effluent through the pipeline.
2. Installation of a new 8" DIP adjacent to the existing 8" DIP and removal and
disposal of the existing 8" DIP.
This option would allow the operation to minimize the length of time during which
effluent could not be discharged, but would still require significant equipment to
excavate, lift and install the new DIP.
3. Installation of a 3" diameter pipeline to extend the existing 3" pump line, thus
abandoning the effluent manhole, adjacent to the exposed 8" DIP, to a point of
reconnection.
This option reduces the equipment capacity necessary for the operation, reduces
the disturbance to the lake bottom, and allows for minimal shut down. The existing
10

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
8" DIP can be cut into small sections for removal once the new smaller line is
operational.
11

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Section VI — Recommended Sewer Replacement
VI -A. Replacement Plan and Existing Sewer Removal
Detailed plans for the installation of a new 3" diameter HDPE effluent sewer and removal
of the existing 8" DIP effluent sewer are included as Figures 10 a -f. Construction will
generally progress according to the construction sequence in section VI -B.
VI -B. Construction Sequences
Obtain Duke and FERC approvals.
2. Notify homeowners of proposed plans.
3. Notify Catawba Riverkeeper of proposed plans
4. Mobilization of waterborne equipment shall be coordinated with Duke Energy Lake
Services for the use of public access areas.
3. Removal of all excavated material from the pipe trench as depicted on the plans
must be performed using a hydraulic, cutterhead suction dredge.
4. Prior to commencing the work, the Contractor shall have assembled all required
materials and completed any necessary fabrication of special fittings, etc. Required
to complete the work.
5. Initial work upon mobilization to the site will include location of the existing 6" DIP in
the area as depicted on the plans followed by excavation at the connection points at
each end of the pipe replacements.
6. Upon confirmation of the 6" DIP pipe location, the Contractor will proceed with
trench excavation (see trench detail on plans). Excavated materials must be
removed from the project limits and none of the excavated materials may be placed
on the lake bed. No double handling of materials will be permitted (i.e. excavated
material placed parallel to the trench on the lake bed initially, then removed in a
separate operation).
7. Prior to trench excavation, the Contractor shall have installed the necessary piping
to convey dredged material to the Owner's disposal site in the Riverpointe
subdivision (abandoned well sites) and shall have provided a sufficient number and
size of geotextile filter bags to receive and filter the dredge slurry.
8. The Contractor shall have assembled materials and shall have completed the
launch of the 3" HDPE replacement pipe including fusion of joints as required,
providing the length of continuous pipe as shown on the plans.
9. The Contractor shall coordinate and schedule with the Owner the period of time
during which discharge of effluent to the 6" DIP will be interrupted.
12

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
10. Upon coordination with the Owner and completion of the trenching excavation, the
Contractor will proceed with tie in of the 3" HDPE to the existing 3" PVC just
upstream of the existing manhole, and install the 3" HDPE parallel to the 6" DIP to
the point of connection of the 3" HDPE to the existing 6" DIP, and complete that
connection. In concert with laying of the 3" HDPE, the Contractor shall advance the
installation of the bedding material as required by the detail on the plans. All stone
material will be delivered to the site via barge. As shown on the detail upon
completion of bedding and backfill, the Contractor shall then install 6 inches of
ballast stone cover, with finished elevation matching the original ground elevation
along the trench.
11. Upon completion of the new pipe and connections, and placing the new pipe into
operation, the Contractor shall advise the Owner that discharge of effluent may
resume.
12. The Contractor will then remove existing manhole and all of the existing 6" DIP that
has been paralleled and abandoned. All material that is removed shall be barged
from the project area and appropriately disposed of offsite.
13. Upon fully completing the work, the Contractor shall advise the Owner, the Engineer
and Duke Lake Services that the project is finished.
13

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
APPENDICES
14

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Appendix A PHOTOGRAPHS
15

Picture 1. Aerial Crossing Of Effluent Pipe At Tributary
Picture 2. Aerial Crossing Of Effluent Pipe At Tributary

Picture 3. Typical Condition of Effluent Pipe Above Grade
Picture 4. Pipe Joint at Aerial Crossing

Picture 5. View of Cove Showing Exposed Effluent Pipe
Picture 6. View Showing Proximity of Effluent Pipe to Private Dock

Picture 7. Condition of DIP Where it Would Normally be Submerged
Picture 8. Storm Drainage Pipe at end of Cove

Picture 9. View of Limited Access from the Land Side
Picture 10. View of Manhole At Tributary

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4-1

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Appendix C CWSNC REGULATORY / ENVIRONMENTAL LETTER
17

(C.-rutiliti6s, Inc'
August 16, 2016
US Army Corps of Engineers
Attention: Mr. David Brown
151 Patton Ave, Room 208
Asheville, NC 28801-5006
Re: Conveyance Permit Application
Carolina Water Service, Inc. of North Carolina
Riverpointe Wastewater Treatment Facility Treated Effluent Discharge Pipe
Lake Wylie, NC
Dear Mr. Brown or To Whom It May Concern,
Carolina Water Service, Inc. of North Carolina (CWSNC) is a public utility providing drinking water and sanitary
wastewater services to the Riverpointe subdivision located off Highway 49 in Southwest Mecklenburg County at
Lake Wylie. The existing wastewater treatment facility serving Riverpointe was built in 1988. CWSNC acquired
the Riverpointe utility system after it was already installed by the original developer and already in service.
The Riverpointe wastewater treatment plant is permitted through the NC Department of Environmental Quality,
Division of Water Resources. The existing Riverpointe wastewater treatment plant is permitted for 50,000 gallons
per day and currently serves 190 customers. The average daily flow for the 2015 calendar year was approximately
31,000 gallons per day. Recent upgrades to the wastewater facility made in the last few years include a new
clarifier, tertiary filtration and ultraviolet disinfection and the wastewater plant produces very high quality effluent.
A current National Pollutant Discharge Elimination System (NPDES) permit is in effect through June 30, 2020 and
has been maintained continuously since inception of the facility.
The existing treated effluent pipe is a 6 inch diameter jointed ductile iron pipe and runs through a small cove where
it extends approximately 850 feet into Lake Wylie (on the North Carolina side). The original intent was that the
treated water would be discharged outside of the cove and closer to main channel of the Catawba River for better
dilution.
The project is located in Lake Wylie and a location map showing the project site on the USGS Quad Map is attached
(exhibit 1).
Due to the extreme heat and drought the area experienced last summer in 2015, the Lake Wylie water levels dropped
significantly, making the treated effluent pipe in the shallow cove area very visible above the lake bed. Over the
years, it is suspected that storm water erosion and fluctuating lake levels have exposed or uncovered approximately
200 feet of the pipe from the shore line out into the lake. See attached photos (exhibit 2).
At the time the pipe was installed, there were no regulatory requirements for permitting into the lake project
boundary. Duke Energy has researched their archives and was unable to find where a permit for the pipe had been
AUthes, Inc. canPany Carolina Water Service, Inc. of North Carolina
P.O. Box 240908 0 Charlotte, NC 28224 0 P: 704-525-7990 ♦ F: 704-525-8174
5701 Westpark Dr., Suite 101 • Charlotte, NC 28217 0 www.uiwater.com

• Page 2
requested or granted - but again - at that time it was not required. Duke Energy has now requested through a letter
dated August 19, 2015 that we obtain an easement for the existing pipe (Exhibit 3)
A September 1, 2015 letter concerning the Division of Water Resources' position on this matter is attached (Exhibit
4).
On January 5, 2016, CWSNC hired a marine diving contractor to locate the existing effluent pipe in the lake. The
locating information was provided to a local surveyor to produce a survey to be used for the easement conveyance.
Please see attached exhibit 5.
Proposed improvements to the existing effluent pipe to provide sufficient lake bed cover include:
• Remove existing manhole at shore edge and install new replacement manhole with additional depth to allow
for deeper depth of the pipe to ensure bury.
• A contractor will excavate a trench alongside the existing pipe from the shore out to approximately 200 feet
from the manhole. The trench will be dug to ensure adequate 2 feet minimum cover. A new pipe (either
fused HDPE [High Density Polyethylene] or jointed ductile iron pipe of approximately 200 feet in length
will be installed in the new trench and bedded with washed stone. The new pipe will be connected to the
existing pipe and the old section of pipe from manhole to that joint will be removed. The pipe from
approximately 200 feet out to the end terminus already has adequate cover as confirmed by the diving
contractor.
These improvements will ensure that the pipe is installed with sufficient cover below the lake bottom through the
shallower waters of the cove eliminating any aesthetic concerns and possible limited cove area navigable hazards.
CWSNC is hereby requesting conveyance of an easement within the lake boundaries from Duke Energy for the
existing pipe and for the subsequent maintenance to rebury the pipe as described. We are requesting you provide
any comments or concerns relative to this project as soon as possible. Please respond to:
Carolina Water Service, Inc. of North Carolina
Attn: Mr. Martin Lashua, Vice President of Operations
5701 Westpark Drive, Suite 101
Charlotte NC 28217
Your prompt attention to our request is most appreciated. Thank you in advance.
Sincerely,
ULL LL
Martin Lashua
Vice President of Operations
Attachments
Cc: Mr. Ron Lawson, Duke Energy Lake Services
Mr. Sam Perkins, Catawba RIVERKEEPER

T
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EXHIBIT 1
Charlotte Hwy/
York Road
(NC Hwy 49)
Woolwine Road
4��
. . . . . . . . . .
61"
I
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Outfall 001
V (Flows southwest)
V'
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o
Carolina Water Service, Inc. of NC Facility
Riverpointe Subdivision WWTP Location
Receiving Stream: Catawba River (Lake Wylie) State Grid: G14SE not to scale
Stream Class: WS -V; B Stream Segment: ll -(123.5)a
Latitude: 350 06' 04" Longitude: 810 02' 07"
USGS Quad: Lake Wylie HUC: 03050101 71 r r NPDES Permit NC0071242
Drainaze Basin: Catawba River Basin Sub -Basin: 3-08-34 Mecklenburg County
0t \1
SC /NC
State Line
60
"N
. . . . . . . . . .
Charlotte Hwy/
York Road
(NC Hwy 49)
Woolwine Road
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. . . . . . . . . .
61"
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V (Flows southwest)
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Carolina Water Service, Inc. of NC Facility
Riverpointe Subdivision WWTP Location
Receiving Stream: Catawba River (Lake Wylie) State Grid: G14SE not to scale
Stream Class: WS -V; B Stream Segment: ll -(123.5)a
Latitude: 350 06' 04" Longitude: 810 02' 07"
USGS Quad: Lake Wylie HUC: 03050101 71 r r NPDES Permit NC0071242
Drainaze Basin: Catawba River Basin Sub -Basin: 3-08-34 Mecklenburg County
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Picture 7 — Visual overview of pipe condition
Picture 8 — Visual of pipe condition

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DUKE EXHIBIT 3
at,
"9 ENERGY,
August 19, 2015
Carolina Water Service, Inc. of North Carolina
Martin Lashua, Vice President
PO Box 240908
Charlotte, NC 28224-0908
Subject: Riverpointe Effluent Outfall — Lake Wylie
Dear Mr. Lashua:
Lake Services
Duke Energy
526 South Church Street
Charlotte. NC 28202
Mailing Address
EC12Q f PO Box 1006
Charlotte, NC 28201-1006
This letter is to inform you that an application to discharge treated water into the project
boundary of Lake Wylie is required to continue the use of the treated water sewer discharge pipe
at the Riverpointe Development and do any modifications or maintenance to the system. A
Federal Energy Regulatory Commission (FERC) application and approval is required. A permit
and easement from Duke Energy Lake Services is needed for the discharge pipe to remain in the
project boundary of Lake Wylie and make any modifications.
Please let me know if you have any questions. My phone number is [phone].
Sincerely,
y�r-cam
Ronnie Lawson
Lake Services Representative

EXHIBIT 4

EXHIBIT 4
ojl� ED
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 1, 2015
Martin Lashua, Vice President
Carolina Water Service, Inc. of North Carolina
PO Box 240908
Charlotte NC 28224-0908
Re: Riverpointe Wastewater Treatment Plant Effluent Pipe
NPDES NCO071242
Mecklenburg County
Dear Mr. Lashua,
Per your inquiry regarding the effluent pipe from the subject facility, the Riverpointe wastewater
treatment facility currently has a valid NPDES permit from the Division authorizing the Permittee to
discharge treated effluent to the Catawba River (Lake Wylie). Our records indicate the original permit was
issued in 1987 to Carmel Development Company. Later permitted entities included Plantation Point
Development Company and of course now Carolina Water Service, Inc. of North Carolina. The Division's
NPDES permit allows for the discharge of treated effluent into the Catawba River at a location established in
the permit.
Other approvals that may have been required at the time of original construction of the wastewater
treatment facilities (circa 1.988), would have included an Authorization to Construct, which would have
granted authorization to construct not only the existing wastewater treatment facilities, but the effluent pipe
into the lake. Any other encroachment approvals necessary within the lake (project) boundary would have
been the responsibility of the Permittee. It is our understanding, however, that Duke Power may have not
required a formal approval process to extend the effluent pipe into the lake boundary at the time the subject
facilities were constructed.
If I can be of further assistance, please let me know.
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] Fax: [phone]/Customer Service 1-877-623-6748
Internet: www,nodenr.gov
An Equal Opportunity V Afriffnative Action Employer - Made in port by recycled paper

LAKE W'YUE
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N/F
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MICHAEL J.
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MB 23 Pg 887
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MB 23 Pg 887
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MICHAEL J.
MCGOVERN
MB 23 Pg 887
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MB 23 Pg 887
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RUSSELLJ.
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MB 23 Pg 887
4.
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N/F
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19944115
13
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MB 23 Pg 203
EXHIBIT 5
DOCK FIELD LOCATED
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ALIGNMENT DERIVED FROM BUOY
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/ DOCK FIELD LOCATED /
DOCK FIELD LOCATED /
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1994444
116
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MB 22 Pg 415
N/F
19944117
LUCI LLE C.
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MB 22 Pg 415
AUTUMN CREEK Cr
"I, David B. Boyles, certify that this
project was completed under my direct
and responsible charge from an actual
ground survey made under my
supervision; that the original data was
obtained on 01/05/16; and all
coordinates are based on NC State
Plane, NAD83."
LINE
BEARING
N/F
I
19944111
N: 497774.18
I
E: 1391872.11
19944115
13
ASSOC
MAX C. THOMAS
MB 23 Pg 203
MB 22 Pg 415
AUTUMN CREEK Cr
"I, David B. Boyles, certify that this
project was completed under my direct
and responsible charge from an actual
ground survey made under my
supervision; that the original data was
obtained on 01/05/16; and all
coordinates are based on NC State
Plane, NAD83."
LINE
BEARING
N/F
EIP NC GRID COORDS
19944111
N: 497774.18
RIVERPOINTE
E: 1391872.11
HOMEOWNERS
13
ASSOC
60.38'
MB 23 Pg 203
AUTUMN CREEK Cr
"I, David B. Boyles, certify that this
project was completed under my direct
and responsible charge from an actual
ground survey made under my
supervision; that the original data was
obtained on 01/05/16; and all
coordinates are based on NC State
Plane, NAD83."
LINE
BEARING
DISTANCE
L1
N60'43'32"W
60.39'
1-2
N1 2'00'37"W
72.10'
13
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60.38'
LDS1 Exhibit Map for
Phone: [phone] Carolina Water Service Inc. of North Carolina
Fax: [phone] Mecklenburg County, North Carolina 100 50 0 100
508 W 5th St., Suite 125 i
Charlotte, NC 28202 Riverpointe Wastewater Treatment Plant Effluent Pipe
License No.: C-1925
Project #: 4115112 1 Drawn By: JBE I Dated: February 2, 2016 1 Revised:02/29/16 Added acreage
G:\4115112\dwg\5112Base.dwg, 2/29/201612:23:35 PM, CutePDF Writer

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Appendix D REGULATORY AGENCY / ENVIRONMENTAL ORGANIZATION RESPONSES
18

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville. North Carolina 28801
September 12, 2016
Mr. Martin Lashua
Utilities, Inc.
P.O. Box 240908
Charlotte, North Carolina 28224
Dear Mr. Lashua:
Subject: Conveyance Permit Application, Carolina Water Service, Inc. of North Carolina,
Riverpointe Wastewater Treatment Facility Treated Effluent Discharge Pipe, Lake
Wylie (FERC No. P-2232), located adjacent to NC Highway 49, Mecklenburg County,
North Carolina
On August 18, 2016, we received a letter from you requesting our review and comments on the
subject project. We have reviewed the document and are providing the following comments in
accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321
et seq.) (NEPA); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description. According to the information you presented, the existing Riverpointe
wastewater treatment plant (owned by Carolina Water Service, Inc. of North Carolina
(CWSNC)) is located on Lake Wylie. The facility treats about 31,000 gallons of wastewater per
day and discharges into Lake Wylie via a 6 -inch ductile iron effluent pipe. In recent years, it has
been noticed that about 200 -feet of the pipe has become uncovered from storm -water erosion and
fluctuating lake levels. The pipe is exposed and visible during periods of low lake levels.
CWSNC is proposing the following improvements to the effluent pipe: 1) Remove the existing
manhole on the shoreline and install a new replacement manhole with additional depth to allow
for deeper burial of the effluent pipe; 2) Excavate a new trench (allowing for a minimum 2 -feet
of pipe coverage) alongside the existing pipe from manhole to about 200 -feet into the lake. A
new pipe will be installed in the trench, connected to the manhole, and the existing pipe will be
removed.
Equipment Use. Construction should be accomplished by operating equipment from the banks
in a fashion that minimizes disturbance to woody vegetation. All equipment should be inspected
daily and should be maintained in order to prevent the contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and

other toxic materials should be stored outside the riparian management area of the stream, in a
location where the material can be contained. Equipment should be checked for leaks of
hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any
stream. In addition, all fueling operations should be accomplished outside the riparian
management area.
Erosion and Sedimentation Control. Construction activities near streams, rivers, and lakes
have the potential to cause water pollution and stream degradation if measures to control erosion
and sediment are not properly installed and maintained. In order to effectively reduce erosion
and sedimentation impacts, Best Management Practices should be designed, installed, and
maintained during land -disturbing activities. A complete design manual, which provides
extensive details and procedures for developing site-specific plans to control erosion and
sediment and is consistent with the requirements of the North Carolina Sedimentation and
Pollution Control Act and Administrative Rules, is available at:
http://www.dIr.enr.state.nc.us/pages/publications.html.
Federal Endangered and Threatened Species. According to our records and a review of the
information you provided, no federally listed species or their habitats occur within the project
area. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However,
obligations under section 7 of the Act must be reconsidered if. (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
Summary. Measures to minimize and/or offset potential impacts to fish and wildlife resources
and the designation of contiguous areas of shoreline are necessary to ensure that this project and
others like it are consistent with the primary goals of the Catawba-Wateree Hydroelectric Project
license while minimizing the cumulative environmental effects of shoreline development and
wastewater discharge. With that in mind, we remind you that all construction activities
associated with the project should strictly follow Duke's Shoreline Management Guidelines as
provided in the newly issued Catawba-Wateree Hydroelectric Project license.
Thank you for allowing us to comment on this project. Please contact Mr. Bryan Tompkins of
our staff at 828/258-3939, Ext. 240, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-16-578.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

T(P'dhec
Healthy People. Healthy Communsties
September 13, 2016
Carolina Water Service, Inc. of North Carolina
Attention: Martin Lashua
5701 Westpark Drive, Suite 101
Charlotte, NC 28217
Re: Conveyance Permit Application
Carolina Water Service, Inc. of North Carolina
Riverpointe Wastewater Treatment Facility Treated Effluent Discharge Pipe
Lake Wylie, NC
Dear Mr. Lashua:
The South Carolina Department of Health and Environmental Control has reviewed the
information furnished regarding the above -referenced project in North Carolina and
elects not to provide any comments.
Please contact meat(803)898-4266 or [e-mail] if you have any questions
regarding this letter.
Sincerely,
William R. Wenerick, Project Manager
SCDHEC 401 Water Quality Certification and Wetlands Section
cc: Chuck Hightower, Manager
SCDHEC 401 Water Quality Certification & Wetlands Section
EQC Regional Office
File
S.C. Department of Health and Environmental Control

C A T A W 8 A
WATEREE
WATER MANAGEMENT GROUP
September 19, 2016
Carolina Water Services, Inc of North Carolina
Attn: Mr. Martin Lashua, Vice President of Operations
5701 Westpark Drive, Suite 101
Charlotte NC 28217
Re: Conveyance Permit Application
Riverpointe Wastewater Treatment Facility Treated Effluent Discharge Pipe
Lake Wylie, NC
Dear Mr. Lashua:
The Catawba-Wateree Water Management Group (CWWMG) received your September 1, 2016, request
for comments regarding the conveyance easement application and proposed repairs for the treated
effluent discharge pipe at the Riverpointe Wastewater Treatment Facility on Lake Wylie.
The CWWMG has reviewed the material provided and encourages Carolina Water Services to operate
and maintain the discharge pipe in compliance with all North Carolina Department of Environmental
Quality and National Pollutant Discharge Elimination System permit requirements. We hope your
project goes well and do not have any other comments.
Sincerely,
5 (�� P-
Barry
Gullet, Chair
Catawba-Wateree Water Management Group
cc: Mr. Ron Lawson, Duke Energy Lake Services
Mr. Sam Perkins, Catawba Riverkeeper
4222 Westmont Drive Charlotte, NC 28216 [phone] www.catawbawatereewmg.org

LAKE WYLIE MARINE COMMISSION
October 3, 2016
Dear Mr. Konsul,
At the September 26, 2016 meeting, the Lake Wylie Marine Commission was presented information
by Utilities Inc. staff on the proposed Conveyance Permit Application for the Riverpointe Wastewater
Treatment Facility Treated Effluent Discharge Pipe project.
After a few questions, it was acknowledged that the Marine Commissioners were satisfied with the
answers provided and voted unanimously to approve the proposed project.
Please contact me at [e-mail] if you have questions or need additional information.
Sincerely,
Emily Parker
Administrator
Lake Wylie Marine Commission
Lake Wylie Marine Commission
525 North Tryon Street, 121' Floor
Charlotte, North Carolina 28202
Phone [phone] • Fax [phone]
www.lakewyliemarinecommission.com

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://w4vw.saw.usace.army.mil/Missions/RegLIlatoryPermitPro_ rg am.aspx
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198200030
General Public
January 1, 2017
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States
and waters of the United States, upon recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403),
and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and
modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES
IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES, THE TENNESSEE VALLEY AUTHORITY (TVA),
AND LOCAL GOVERNMENTS IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of
generating hydroelectric power and/or providing water supply. They were constructed
and are operated by public utility companies, local governments, or under laws and
regulations administered by the TVA. Activities within these waters are the primary
concern of, and should be regulated by, these parties. This general permit applies to all
waters on or within lands owned or under flowage easement to public utility companies
and the TVA. Users of this General Permit should coordinate with the appropriate public
utility company, local government, or TVA to determine if the planned work meets the
guidelines or requirements of the shoreline management program or reservoir
management program for the lake where the activity is proposed. Activities authorized
are:
1. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps,
jetties and breakwater structures and installation of dolphins, pilings and buoys, using

commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
2. Excavation and maintenance of recreational boat basins and canals/channels
including return water discharge where excavated material is placed and retained on high
ground.
3. Stabilization of eroding shorelines utilizing appropriate bioengineering
techniques, construction and backfill of bulkheads, and the placement of riprap material.
4. Installation of submerged and aerial utility lines provided U.S. Coast Guard
requirements for aerial lines are met and pre -project elevation contours are restored.
5. Maintenance of existing water intake and outfall structures provided all State and
Federal required authorizations have been obtained. Construction of new water intake
and outfall structures is not authorized under this general permit.
Special Conditions
a. For lakes listed in Table 1, written confirmation that the proposed work complies
with this general permit must be received from the Wilmington District Corps of
Engineers (Corps) prior to the commencement of the following activities: (i) any
excavation or dredging activity greater than 1/10 (0.1) acre occurring in a previously un -
dredged area of open water; (ii) construction of more than 10 boat slips; (iii) construction
of boat ramps exceeding 20 feet in width; or, (iv) installation of fueling facilities on
authorized structures. For these activities, the proponent should submit to the Corps
detailed plans, location maps, and an explanation of the nature and scope of the work.
While written confirmation for the activities listed in this special condition is required by
the Corps prior to the commencement of these activities, written confirmation from the
Corps is not required for all other activities described above in 1-5.
b. For all lakes covered by this General Permit and not listed in Table 1, written
confirmation that the proposed work complies with this general permit must be received
from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location
maps, and other supplemental information explaining the nature and scope of the work.
c. Maintenance excavation must not exceed the original dimensions as defined by
the original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for facilities
that are currently serviceable.
d. To be authorized by this general permit, all piers, docks, boathouses and boat
shelters shall be pile -supported or floating structures. Piles, dolphins, jetties and
breakwater structures may be of wood, metal or precast concrete. Breakwater structures
will be designed to provide for adequate water circulation landward of the structures.
2

Table 1: List of Reservoirs subject to Special Condition "a"
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
f. On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
Utility Company / Operator
Duke Energy
Alcoa Power Generating, Inc.
Belews Lake
Badin Lake
Bear Creek Reservoir
High Rock Lake
Blewett Falls Lake
Tuckertown Reservoir
Cedar Cliff Reservoir
Lake Ela
Brookfield Smoky Mtn. Hydropower
Lake Emory
Cheoah Reservoir
Lake Glenville
Lake Santeetlah
Lake Hickory
Calderwood Reservoir*
Lake James
Lake Jocassee*
NC Power (Dominion)
Lake Julian
Lake Gaston*
Lake Norman
Roanoke Rapids Lake
Lake Rhodhiss
Lake Summit
Other (Municipal Owned / Operated)
Lake Tillery
Beetree Reservoir
Lake Wylie*
Burnett Reservoir
Lookout Shoals
H co Reservoir
Queens Creek
Kings Mtn. Reservoir (Moss Lake)
Mission Lake
Lake Adger
Mountain Island Lake
Lake Lure
Nantahala Lake
Lake Sequoyah
Tanasee Creek Lake
Tuckase ee Reservoir
Tennessee Valley Authority TVA
Waterville Lake
A alachia Lake
Wolf Creek Reservoir
Chatu e Lake*
Fontana Lake
Hiwassee Lake
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
f. On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less

than 30 feet wide, pier requests will be evaluated on a case-by-case basis and may be
restricted to less than one-third the width of the water body.
g. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks,
and "L" and "T" sections will not cumulatively exceed the maximum allowable size of
such structures identified in the lake's shoreline or reservoir management plan. Docks
and piers extending over wetlands will be elevated sufficiently (minimum of 4 feet above
the wetland substrate) to prevent total shading of vegetation, substrate, or other elements
of the aquatic environment.
h. Floating docks, boathouses and boat shelters will not be constructed over
wetlands.
i. Wooden jetties will not extend farther than 100 feet waterward of the NWL
elevation contours.
j. Wood must be pressure -treated except in areas of boathouses or boat shelters
protected from the weather.
k. Floating structures will be supported by material that will not become
waterlogged or sink when punctured and will be installed to provide for fluctuations of
water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated
facility for nonwater-related use.
n. This general permit authorizes the construction of up to 10 boat slips without pre -
construction notification (i.e. application) to the Corps. This general permit can be used
to authorize the construction of more than 10 slips, but pre -construction notification is
required for proposals of greater than 10 slips. Included in the pre -construction
notification, the applicant must provide documentation from the lake's public utility
company, local government, or TVA verifying whether or not the proposed number of
boat slips could be allowed under the lake's shoreline or reservoir management program.
If the proposed number of slips would not be allowed under the shoreline or reservoir
management program, the applicant will be required to revise the proposed project to
reduce the number of slips to those allowed by the public utility company, local
government or TVA. If the proposed number of slips could be allowed under the
shoreline or reservoir management program, the Corps will determine on a case-by-case
basis if construction of greater than 10 slips can be authorized under this general permit
or if an Individual Permit will be required. Any request for more than 10 slips must
comply with all requirements of the North Carolina State Environmental Policy Act
4

(SEPA) and documentation of this compliance should be submitted with the pre -
construction notification.
o. This general permit authorizes the construction of boat ramps that do not exceed
20 feet in width without pre -construction notification (i.e. application) to the Corps. This
general permit can be used to authorize the construction of boat ramps up to 30 feet in
width, but pre -construction notification is required for all proposals for boat ramps that
exceed 20 feet in width. Included in the pre -construction notification, the applicant must
provide documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed boat ramp width could be allowed under the lake's
shoreline or reservoir management program. If the proposed width would not be allowed
under the shoreline or reservoir management program, the applicant will be required to
revise the proposed project to reduce the boat ramp width to that allowed by the public
utility company, local government, or TVA. If the proposed width could be allowed
under the shoreline or reservoir management program, the Corps will determine on a
case-by-case basis if construction of the ramp can be authorized under this general permit
or if an Individual Permit will be required. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to
the area necessary for site preparation and all excavated material must be removed to
uplands.
q. This general permit can be used to authorize the construction of fueling facilities
on authorized structures, but pre -construction notification (i.e. application) is required for
all proposals. Included in the pre -construction notification, the applicant must provide
documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed fueling facilities could be allowed under the lake's
shoreline or reservoir management program. If the proposed fueling facilities would not
be allowed under the shoreline or reservoir management program, the applicant will be
required to revise the proposed project to remove the proposed fueling facilities from the
authorized structure. If the fueling facilities could be allowed under the shoreline or
reservoir management program, the Corps will determine on a case-by-case if
construction of the fueling facilities could be authorized under this general permit or if an
Individual Permit is required.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities
(bio -engineering techniques, construction and backfill of bulkheads, and the placement of
riprap material) must be undertaken landward of the wetlands. This general permit does
not authorize the discharge of dredged or fill material within wetlands.
s. Bulkhead and riprap alignments, or shoreline stabilization structures will not
extend farther waterward than an average distance of two (2) feet, maximum distance of
five (5) feet from the normal pool elevation contour and may not extend more than 500
feet along a shoreline.
5

t. Placement of riprap should be limited to only that which is necessary to protect
existing/new bulkheads. In general, riprap will be placed at the base of all bulkheads and
will extend a maximum of three (3) feet waterward on a 2:1 slope. However, in cases of
steep slopes, a maximum of six (6) feet waterward on a 2:1 slope is authorized provided
it complies with the applicable shoreline or reservoir management program. All other fill
material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark. Material
should only be placed where shoreline is actively eroding and no material should be
placed in excess of the minimum needed for erosion protection.
v. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
w. To avoid potential impacts to fish spawning areas, excavation activities will not
occur during the months of March, April, May, or June of any year.
x. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
y. All excavated material will be placed landward of the normal pool elevation
contour on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal pool
elevation is not authorized.
z. Return water from upland, contained disposal areas must comply with Water
Quality Certification No. 3888, issued by the North Carolina Division of Water
Resources (NCDWR) on March 19, 2012 or the current Water Quality Certification
applicable to return water from upland disposal facilities.
aa. If an easement to fill or cross utility company, State or Federal property is
required, such easement must be obtained prior to commencement of work.
bb. The minimum clearance for aerial power lines will be governed by system voltage
as shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
--------------------------------------------------------
115 and below 20
138 22
161 24
230 26
350 30

500 35
700 42
750 to 765 45
Clearances are based on the low point of the line under conditions that produce the
maximum sag considering temperature, load, wind, length, span and type of supports.
Clearances for communication lines, stream gauging cables, ferry cables and other aerial
crossings will be a minimum often (10) feet above clearances for bridges. Installation of
utility lines will conform to the conditions of Nationwide Permit 12.
General Conditions.
a. Except as authorized by this general permit or any Corps approved modification
to this general permit, no excavation, fill or mechanized land -clearing activities shall take
place within waters or wetlands, at any time in the construction or maintenance of this
project. This general permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for
this general permit issued by the North Carolina Division of Water Resources.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter I I 3 Article 4).
e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. No attempt
will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work for a reason other than safety.
f. 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/her 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.
g. The permittee, upon receipt of a notice of revocation of this general permit for the
verified individual activity, may apply for an individual permit, or will, without expense
to the United States and in such time and manner as the Secretary of the Army or his/her
authorized representative may direct, restore the affected water of the United States to its
former conditions.
h. This General Permit does not authorize any activity that would conflict with a
federal project's congressionally authorized purposes, established limitations or
restrictions, or limit an agency's ability to conduct necessary operation and maintenance
functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C.
408), no project that has the potential to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally
constructed work or project, including, but not limited to, levees, dams, jettys, navigation
channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall
be permitted unless the project has been reviewed and approved by the appropriate Corps
approval authority. If the proposed activity has the potential to modify or conflict with a
federally authorized project, the permittee must submit the information described in
Special Condition "a". Permittees shall not begin the activity until notified by the Corps
that the activity may proceed under the general permit.
i. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAW Web-NAVnusace.army.mil.
j. The permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this general permit.
k. This general permit does not grant any property rights or exclusive privileges.
1. This general permit does not authorize any injury to the property or rights of
others.
m. This general permit does not authorize the interference with any existing or
proposed federal project.

n. In issuing this general permit, the Federal Government does not assume any
liability for the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public
interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
o. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary
of the Army, determines that such action would be in the best public interest. The term
of this general permit shall be five (5) years unless subject to modification, suspension or
revocation. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the United States Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
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
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,
etc.)
q. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. If any properties
subject to the above criteria may be affected by the proposed project, permittees must
submit the information described in Special "a". The permittee may not begin work until
notified by the Corps that the requirements of the NHPA have been satisfied and that the
activity is authorized.
6

r. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this general permit,
you must immediately notify the Wilmington 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
Wilmington 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.
s. No activity is authorized under this general permit 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 RGP which "may affect" a listed species
or critical habitat, unless Section 7 consultation addressing the effects of the proposed
activity has been completed. Information on threatened and endangered species and their
critical habitat can be obtained directly from the Corps field offices, the USFWS field
offices or at the following web addresses: http://www.fws.gov/ or
http://www.fws..ov/ipac/ or http //www.noaa.rov/fislieries.htmi. If any listed species or
designated critical habitat may be affected by the proposed project, permittees must
submit the information described in Special Condition "a". Permittees shall not begin
work until notified by the Corps that the requirements of the ESA have been satisfied and
that the activity is authorized.
t. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the United States Fish and Wildlife Service (Service) in regards to the threatened
Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects
to other federally listed species and/or to federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
- the project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
10

(1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit
(RGP) must check to see if their project is located in the range of the NLEB by
using the following website:
http://www.fws.,L�ov/midwest/endangered/maiiimals/nleb/pdf`/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• is located in a 12 -digit Hydrologic Unit Code area ("red HUC" - shown as
red areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fvvs.gov/asheville/htmis/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/ralei(-)Ii/NLEB RFO.html.
(2) A permittee must submit a pre -construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and
there is no evidence of bat use, (applies anywhere in the range of the
NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable NWP
terms and general and regional conditions, or all applicable RGP terms and general
and special conditions, and if the permittee's review under A.(1) and A.(2) above
shows that the project is:
• located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
11

• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25 -mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include: tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal
agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.armv.miI/Missions/Re u�y-Permit-
Program/Acv-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at (910) 251- 4633.
u. If the permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This general permit does not authorize any activity prohibited by the National Flood
Insurance Program.
w. The permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
cgd5waterwaySALIscg.mili .
x. The permittee must maintain any structure or work authorized by this general
permit in good condition and in conformance with the terms and conditions of this
12

general permit. The Permittee is not relieved of this requirement if the Permittee
abandons the structure or work. Transfer in fee simple of the work authorized by this
general permit will automatically transfer this general permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform
any subsequent owner of all activities undertaken under the authority of this general
permit and provide the subsequent owner with a copy of the terms and conditions of this
general permit.
y. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case, the procedures for processing an individual permit in
accordance with 33 CFR 325 will be available.
z. Except as authorized by this general permit or any Corps approved modification
to this general permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
aa. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland
disposal areas.
bb. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this general permit, you must immediately
notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
cc. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized
provided the activity is completed within twelve months of the date of the general
permit's expiration, modification, or revocation. Activities completed under the
authorization of this general permit that were in effect at the time the activity was
completed continue to be authorized by the general permit.
Imo•. • 1 • ..
101 C 1.1 W4 s UTtu � no ;5'
4061im
Scott McLendon
Chief, Regulatory Division
Wilmington District
13

NATIONWIDE PERMIT 3
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized
by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those
uses specified or contemplated for it in the original permit or the most recently authorized
modification. Minor deviations in the structure's configuration or filled area, including those due
to changes in materials, construction techniques, requirements of other regulatory agencies, or
current construction codes or safety standards that are necessary to make the repair,
rehabilitation, or replacement are authorized. Any stream channel modification is limited to the
minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such
modifications, including the removal of material from the stream channel, must be immediately
adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes
the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by
storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their destruction
or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit
may be waived by the district engineer, provided the permittee can demonstrate funding,
contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris in the
vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures,
etc.) and/or the placement of new or additional riprap to protect the structure. The removal of
sediment is limited to the minimum necessary to restore the waterway in the vicinity of the
structure to the approximate dimensions that existed when the structure was built, but cannot
extend farther than 200 feet in any direction from the structure. This 200 foot limit does not
apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall
and intake structures or to maintenance dredging to remove accumulated sediments from canals
associated with outfall and intake structures. All dredged or excavated materials must be
deposited and retained in an area that has no waters of the United States unless otherwise
specifically approved by the district engineer under separate authorization. The placement of
new or additional riprap must be the minimum necessary to protect the structure or to ensure the
safety of the structure. Any bank stabilization measures not directly associated with the structure
will require a separate authorization from the district engineer.
(c) This NWP also authorizes temporary structures, fills, and work necessary to conduct
the maintenance activity. Appropriate measures must be taken to maintain normal downstream
flows and minimize flooding to the maximum extent practicable, when temporary structures,
work, and discharges, including cofferdams, are necessary for construction activities, access fills,
or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in

their entirety and the affected areas returned to pre -construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
(d) This NWP does not authorize maintenance dredging for the primary purpose of
navigation. This NWP does not authorize beach restoration. This NWP does not authorize new
stream channelization or stream relocation projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must
submit a pre -construction notification to the district engineer prior to commencing the activity
(see general condition 31). The pre -construction notification must include information regarding
the original design capacities and configurations of the outfalls, intakes, small impoundments,
and canals. (Sections 10 and 404)
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously
authorized structure or fill that does not qualify for the Clean Water Act Section 404(f)
exemption for maintenance.
PA

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. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
3

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 Nater 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 mana�(yement 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.,
gga 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).
4

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.
5

(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 http://www.fws.�,)ov/ipac and
http://www.noaa.gov/fisheries.html 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
D

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 (ACNP), 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.
7

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

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 Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
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26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
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:
10

(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,
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
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) from the district engineer's
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;
11

(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 permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
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.
12

(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
13

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
14

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.
DEFINITIONS
Best managementpractices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (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 function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
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
15

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
[us

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 a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/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
17

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 project: For non-linear projects, the term "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.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The 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
18

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.
19

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 of publication. 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).
1.3 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 1 and June 30, without prior written approval from the NMFS.
20

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
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: http://www.saw.usace.armymiI/wetlands/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.
21

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.or�z/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
22

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
Stokes
Swain
Telephone: [phone]
Burke
I Surr
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
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:
http://www.saw.usace.armv.miI/wetlands/permits/nwp/nwp2012 (see "Quick Links")
23

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.
24

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 (LAMA): 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.
Circula
Culver
12 Inche
T
Rise
(Diameter)
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
25

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.
26

NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Utility Line Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2 -acre of waters of the United States for each
single and complete project.
Utility lines: This NWP authorizes the construction, maintenance, or repair of utility
lines, including outfall and intake structures, and the associated excavation, backfill, or bedding
for the utility lines, in all waters of the United States, provided there is no change in pre -
construction contours. A "utility line" is defined as any pipe or pipeline for the transportation of
any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and
radio and television communication. The term "utility line" does not include activities that drain
a water of the United States, such as drainage tile or french drains, but it does apply to pipes
conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the
trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any
exposed slopes and stream banks must be stabilized immediately upon completion of the utility
line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction, maintenance, or
expansion of substation facilities associated with a power line or utility line in non -tidal waters
of the United States, provided the activity, in combination with all other activities included in
one single and complete project, does not result in the loss of greater than 1/2 -acre of waters of
the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to
tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes
the construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
Access roads: This NWP authorizes the construction of access roads for the construction
and maintenance of utility lines, including overhead power lines and utility line substations, in
non -tidal waters of the United States, provided the activity, in combination with all other
activities included in one single and complete project, does not cause the loss of greater than 1/2 -
acre of non -tidal waters of the United States. This NWP does not authorize discharges into non-

tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width
necessary (see Note 2, below). Access roads must be constructed so that the length of the road
minimizes any adverse effects on waters of the United States and must be as near as possible to.
pre -construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel
roads). Access roads constructed above pre -construction contours and elevations in waters of the
United States must be properly bridged or culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable waters of the United
States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over section 10 waters and utility lines that are routed in or
under section 10 waters without a discharge of dredged or fill material require a section 10
permit.
This NWP also authorizes temporary structures, fills, and work necessary to conduct the
utility line activity. Appropriate measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when temporary structures, work, and
discharges, including cofferdams, are necessary for construction activities, access fills, or
dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in -
their entirety and the affected areas returned to pre -construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if any of the following criteria are met: (1) the activity
involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a
section 10 permit is required; (3) the utility line in waters of the United States, excluding
overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e.,
water of the United States), and it runs parallel to or along a stream bed that is within that
jurisdictional area; (5) discharges that result in the loss of greater than 1/10 -acre of waters of the
United States; (6) permanent access roads are constructed above grade in waters of the United
States for a distance of more than 500 feet; or (7) permanent access roads are constructed in
waters of the United States with impervious materials. (See general condition 31.) (Sections 10
and 404)
Note l: Where the proposed utility line is constructed or installed in navigable waters of
the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and
United States territories, copies of the pre -construction notification and NWP verification will be
sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National
Ocean Service (NOS), for charting the utility line to protect navigation.
Note 2: Access roads used for both construction and maintenance may be authorized,
provided they meet the terms and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion of the work, in accordance with
the requirements for temporary fills.
Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry
substances over navigable waters of the United States are considered to be bridges, not utility
lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers
and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the
United States associated with such pipelines will require a section 404 permit (see NWP 15).
2

Note 4: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP
verification will be provided to the Department of Defense Siting Clearinghouse, which will
evaluate potential effects on military activities.

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
he 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. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
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. 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).

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. Endangeredpecies. (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.
7

(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 http://www.fws.gov/ipac and
http://www.iioaa.gov/fisheries.htm] 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 1 l Ok 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 (ACNP), 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. Miti ag tom. 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
6

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 maybe 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 Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
lul

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
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:

(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
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 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 permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
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.
DEFINITIONS
Best managementpractices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (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 function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
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(1) 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 a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/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 project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(1) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete 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.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The 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)(l)-(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 DOC UMENT.•
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. 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).
1.3 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 1 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 NWP'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: http://www.saw.usace.army.miI/wetlands/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 (LAMA) 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.ora/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
Stokes
Swain
Telephone: [phone]
Burke
Surr
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
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:
http://www.saw.usace.armv.miI/wetlands/permits/nwp/nwp2012 (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.
Circula
Culver
f
12 inche
- V
Rise
(Diameter)
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
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 #12 - Utility Line Activities
4.1.1. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
4.1.2. Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non -erodible materials.
4.1.3. The work area authorized by this permit, including temporary and/or permanent fills, will
be minimized to the greatest extent practicable. Justification for work corridors exceeding forty
(40) feet in width is required and will be based on pipeline diameter and length, size of
equipment required to construct the utility line, and other construction information deemed
necessary to support the request. The applicant is required to provide this information to the
Corps with the initial notification package.
4.1.4. In areas where a sub -aqueous utility line is to cross a federally -maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the allowable overdepth of the authorized channel, including all side slopes. For areas outside
federally -maintained channels, sub -aqueous lines must be installed at a minimum depth of two
(2) feet below the substrate when such lines might interfere with navigation.
4.1.5. The minimum clearance*(see NOTE in 4.3.6.) for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance required for nearby
stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has
not established a bridge clearance, minimum vertical clearances for power and aerial lines will
not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical
Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI
C2.
28

4.1.6. The minimum clearance* for an aerial line, transmitting electrical power, is based on the
low point of the line under conditions that produce the greatest sag, taking into consideration
temperature, load, wind, length or span and the type of supports. The minimum clearance for an
aerial electrical power transmission line crossing navigable waters of the US shall be governed
by the system voltage, as indicated below:
Nominal System
Minimum Clearance
Voltage, kilovolt
Above Bridge Clearance (As
Established by the U.S. Coast
Guard)
115 and below
20 feet
138
22
161
24
230
26
350
30
500
35
700
42
750 to 765
45
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary
bridge, including jiny infrastructure attached to underside of the bridge, and the Mean High
Water (MHW) of the navigable waters of the US beneath the bridge.
4.1.7. On navigable waters of the US, including all federal navigation projects, where there is no
bridge for reference for minimum clearance, the proposed project will need to be reviewed by the
US Army Corps of Engineers in order to determine the minimum clearance between the line and
MHW necessary to protect navigational interests.
4.1.8. A plan to restore and re -vegetate wetland areas cleared for construction must be submitted
with the required PCN. Cleared wetland areas shall be re -vegetated to the maximum extent
practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not
be used.
4.1.9. For the purposes of this NWP, any permanently maintained corridor along the utility ROW
within forested wetlands shall be considered a permanent impact and a compensatory mitigation
plan will be required for all such impacts associated with the requested activity.
4.1.10. Use of rip -rap or any other engineered structures to stabilize a stream bed should be
avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed
only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top
elevation of the riprap should not exceed that of the original stream bed.
29

4.1.11. When directional boring or horizontal directional drilling (HDD) under waters of the
U.S., including wetlands, permittees shall closely monitor the project for hydraulic fracturing or
"fracking." Any discharge from hydraulic fracturing or "fracking" into waters of the U.S.,
including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48
hours. Restoration and/or mitigation may be required as a result from any unintended
discharges.
30

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
FIGURES
19

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Figure 1. Vicinity Map
20

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LandDesignm RIVERPOINTE TREATMENT PLANT
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4
FIGURE 4

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Figure 5. Effluent Sewer Location in May 2015
24

THE EXISTING CONDITIONS SHOWN ARE A COMPOSITE OF SURVEY,
AND AS -BUILT INFORMATION. EXISTING CONDITIONS PLAN FOR
REFERENCE ONLY.
SURVEY PREPARED BY: LANDDESIGN SURVEY. INC.
LAKE i
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FIGURE 5
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Fax: [phone] Mecklenburg County, North Carolina 100 50 0 100
508 W 5th St., Suite 125
Charlotte, NC 28202 Riverpointe Wastewater Treatment Plant Effluent Pipe
License No.: C-1925
Project #: 4115112 1 Drawn By: JBE I Dated: February 2, 2016 1 Revised:02/29/16 Added acreage
G:\4115112\dwg\5112Base.dwg, 2/29/2016 12:23:35 PM, CutePDF Wnter

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Figure 8. Effluent Sewer Location Survey, November 2016
27

LAKE WYLIE
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Fax: [phone] Mecklenburg County, North Carolina 100 50 0 100
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Charlotte, NC 28202 Riverpointe Wastewater Treatment Plant Effluent Pipe
License No.: C-1925
Project #: 4115112 1 Drawn By: JBE I Dated: February 22, 2017 1 Revised:02/29/16 Added acreage; 12/20/16 Updated Locations;
4/6/17 Update SSMH Information

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Figure 9. Effluent Sewer Profile from November 2016 Survey
28

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LandDesign_ RIVERPOI NTE TREATMENT PLANT
EFFLUENT OUTFALL MODIFICATION - EFFLUENT SEWER PROFILE

ASESSMENT AND FEASIBILITY
FOR RIVERPOINTE EFFLUENT SEWER REPLACEMENT
Figure 10. Effluent Sewer Replacement Plans
29

RIVERPOI NTE WASTEWATER TREATMENT PLANT
EFFLUENT OUTFALL MODIFICATION
OWNER Utilities Inc., of NC
5701 Westpark Dr. Suite 101
Charlotte, NC 28224
704.525 * 7990
Martin Scanlon
CIVIL ENGINEER LandDesign, Inc
223 North Graham St.
Charlotte, NC 28202
704.333.0325
SURVEYOR Land Design Surveying, Inc.
508 West 5th St. Suite 125
Charlotte, NC 28202
704.337.8329
ALLOWAY LANE
CHARLOTTE, NC 28075
NPDES # NCO071242
SHEET INDEX: Permitting
Package
CLD COVER
11%124/17
- - - _ - - ---- - -
C I.1 SEALLD SURVLY & NOUS
II2/24/17
C 1 2 EXI% ING CONDUIONS
02/24/17C1
3 LASEMINIS E:XIS I ING & PROPOSED
-- —
II2/14p7
CLD PROPOSED OU'rtAl L PIAN & PROFILE
- 02/Z4/17C.L.I
DETAILS & SPOILS LOCA MAI'
02/24/17 - -- _ - _ - -- - -- -- - ---
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TREATMENT PUNT rOUTFALL
`EXCAVATED MATERIAL
DISPOSAL AREA
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PROJECT NOTES:
1. ALL WORK COVERED UNDER THESE PLANS SHALL CONFORM IN ALL RESPECTS TO
CONDITIONS AND REQUIREMENTS OF THE FERC CONVEYANCE PERMIT ISSUED FOR THIS
PROJECT.
2. THE PURPOSE OF THIS PROJECT IS SPECIFICALLY TO ADDRESS AN
UNCOVERED ----DUCTILE IRON PIPE IN A COVE OF LAKE WYLIE WITHIN THE FERC
BOUNDARY BY ITS REMOVAL AND REPLACEMENT WITH NEW PIPING.
3. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THE WORK COVERED BY THESE PLANS
AND THE CONTRACTOR SHALL SO ORGANIZE AND EXECUTE HIS PERFORMANCE SO AS TO
MINIMIZE THE PERIOD OF DISTURBANCE WITH THE FERC BOUNDARY AND SHALL PROVIDE
A DETAILED SCHEDULE TO THE OWNER AND ENGINEER PRIOR TO COMMENCING THE
WORK.
4. ALL WORK SHALL BE SUBJECT TO INSPECTION AT ALL TIMES BY THE OWNER, THE
ENGINEER, DUKE ENERGY LAKE SERVICES, AND APPROPRIATE REGULATORY AND
ENVIRONMENTAL AGENCIES.
5. THE CONTRACTOR SHALL PROVIDE WRITTEN NOTICE TO THE OWNER, THE ENGINEER, AND
DUKE LAKE SERVICES A MINIMUM OF 48 HOURS PRIOR TO COMMENCING THE WORK.
6, UPON COMPLETION OF THE PROJECT, NO MATERIALS SHALL REMAIN IN THE COVE OTHER
THAN THE NEW PIPELINE AND ASSOCIATED MATERIAL FILL FOR THE PIPELINE TRENCH.
EXCAVATED SOIL MATERIAL FROM THE PIPELINE TRENCH SHALL BE REMOVED FROM THE
SITE, APPROPRIATELY DEWATERED AND DISPOSED OF IN A PREVIOUSLY APPROVED AND
PERMITTED MANNER. THE OWNER WILL PROVIDE A SITE FOR DISPOSAL WITHIN THE
RIVERPOINTE SUBDIVISION.
7. THECONTRACTOR IS CAUTIONED AND SHALL USE APPROPRIATE MEASURES TO PROTECT
ANY PRIVATE DOCK OR WATERCRAFT IN THE COVE.
8. THE CONTRACTOR IS HEREWITH NOTIFIED THAT NO GUARANTEE IS IMPLIED AS TO THE
WATER LEVEL AT THE TIME OF THIS CONSTRUCTION. WATER LEVEL IN LAKE WYLIE IS
VARIABLE, AND THE CONTRACTOR SHALL PLAN HIS WORK ACCORDINGLY.
9. CONTRACTOR SHALL PROVIDE SHOP DRAWINGS AND MANUFACTURER'S CUT SHEETS FOR
ALL MATERIALS TO BE FURNISHED ON THIS PROJECT.
10, THE CONTRACTOR SHALL PROVIDE ALL MATERIAL, LABOR, EQUIPMENT, AND ALL ELSE
REQUIRED TO PERFORM THE WORK. NO MATERIALS OR LABOR WILL BE PROVIDED BY THE
OWNER.
11. ONLY WATERTIGHT CONNECTIONS MAY BE USED AT THE TWO LOCATIONS FOR
CONNECTING TO THE EXISTING PIPELINES AS SHOWN ON THE PLANS.
CONSTRUCTION SEQUENCE:
1. MOBILIZATION OF WATERBORNE EQUIPMENT SHALL BE COORDINATED VNTH DUKE ENERGY
LAKE SERVICES FOR THE USE OF PUBLIC ACCESS AREAS.
2. REMOVAL OF ALL EXCAVATED MATERIAL FROM THE PIPE TRENCH AS DEPICTED ON THE
PLANS MUST BE PERFORMED USING A HYDRAULIC, CUTTERHEAD SUCTION DREDGE.
3. PRIOR TO COMMENCING THE WORK, THE CONTRACTOR SHALL HAVE ASSEMBLED ALL
REQUIRED MATERIALS AND COMPLETED ANY NECESSARY FABRICATION OF SPECIAL
FITTINGS, ETC. REQUIRED TO COMPLETE THE WORK.
4. INITIAL WORK UPON MOBILIZATION TO THE SITE HALL INCLUDE LOCATION OF THE
EXISTING ---DIP IN THE AREA AS DEPICTED ON THE PLANS FOLLOWED BY EXCAVATION AT
THE CONNECTION POINTS AT EACH END OF THE PIPE REPLACEMENTS.
5. UPON CONFIRMATION OF THE ---DIP PIPE LOCATION, THE CONTRACTOR HALL PROCEED
WITH TRENCH EXCAVATION (SEE TRENCH DETAIL ON PLANS). EXCAVATED MATERIALS
MUST BE REMOVED FROM THE PROJECT LIMITS AND NONE OF THE EXCAVATED MATERIALS
MAY BE PLACED ON THE LAKE BED. NO DOUBLE HANDLING OF MATERIALS WILL BE
PERMITTED (I.E. EXCAVATED MATERIAL PLACED PARALLEL TO THE TRENCH ON THE LAKE
BED INITIALLY, THEN REMOVED IN A SEPARATE OPERATION).
OR SHALL HAVE INSTALLED THE
CONTRACTOR 6. PRIOR TO TRENCH EXCAVATION, THE N T
NECESSARY PIPING TO CONVEY DREDGED MATERIAL TO THE OWNER'S DISPOSAL SITE IN
THE RIVERPOINTE SUBDIVISION (ABANDONED WELL SITES) AND SHALL HAVE PROVIDED A
SUFFICIENT NUMBER AND SIZE OF GEOTEXTILE FILTER BAGS TO RECEIVE AND FILTER THE
DREDGE SLURRY.
7. THE CONTRACTOR SHALL HAVE ASSEMBLED MATERIALS AND SHALL HAVE COMPLETED
THE LAUNCH OF THE---+iDPE REPLACEMENT PIPE INCLUDING FUSION OF JOINTS AS
REQUIRED, PROVIDED THE LENGTH OF CONTINUOUS PIPE AS SHOWN ON THE PLANS.
B. THE CONTRACTOR SHALL COORDINATE AND SCHEDULE WITH THE OWNER THE PERIOD OF
9. UPON COORDINATION WITH THE OWNER AND COMPLETION OF THE TRENCHING
EXCAVATION, THE CONTRACTOR WILL PROCEED WITH TIE IN OF THE ---HDPE TO THE
EXISTING ---PVC JUST UPSTREAM OF THE EXISTING MANHOLE, AND INSTALL THE - --HDPE
PARALLEL TO THE ---DIP TO THE POINT OF CONNECTION OF THE ----HDPE TO THE
EXISTING ----DIP, AND COMPLETE THAT CONNECTION. IN CONCERT WITH LAYING OF
THE • --HDPE, THE CONTRACTOR SHALL ADVANCE THE INSTALLATION OF THE BEDDING
MATERIAL AS REQUIRED BY THE DETAIL ON THE PLANS. ALL STONE MATERIAL WILL BE
DELIVERED TO THE SITE VIA BARGE. AS SHOWN ON THE DETAIL UPON COMPLETION OF THE
BEDDING AND BACKFILL, THE CONTRACTOR SHALL THEN INSTALL 6 INCHES OF BALLAST
STONE COVER, WITH FINISHED ELEVATION MATCHING THE ORIGINAL GROUND ELEVATION
ALONG THE TRENCH.
10, UPON COMPLETION OF THE NEW PIPE AND CONNECTIONS, AND PLACING THE NEW PIPE
INTO OPERATION, THE CONTRACTOR SHALL ADVISE THE OWNER THAT DISCHARGE OF
EFFLUENT MAY RESUME.
11. THE CONTRACTOR WILL THEN REMOVE EXISTING MANHOLE AND ALL OF THE
EXISTING •--DIP THAT HAS BEEN PARALLELED AND ABANDONED, AND SHALL BE
REMOVED, BARGED FROM THE PROJECT AREA AND APPROPRIATELY DISPOSED OF
OFFSITE.
12. UPON FULLY COMPLETING THE WORK, THE CONTRACTOR SHALL ADVISE THE OWNER, THE
ENGINEER AND DUKE LAKE SERVICES THAT THE PROJECT IS FINISHED.
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