20081319 Ver 3_As-Built Report Ph II_20100615

Cg- i9
PotashCorp
Helping Nature Provide
June 1.1, 2010
Mr. David Lekson
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West 5'h Street
Washington, North Carolina 27889
Dear Mr. Lekson:
Enclosed is the "Rutman Creek Watershed Restoration Project, Hyde County, North Carolina,
As-Built Report-Phase 2". Earthwork was initiated on this portion of the mitigation site in
November 2009 and planting was done in March 2010. If you have any questions, please call
me at [phone], or Christian Preziosi of Land Management Group at [phone].
Sincerely,
t
l . f c
rVM
kffrey C. Furness
Senior Scientist
PC: Tom Walker, Corps - Wilm w/encl.
Al Hodge, DWQ - Wash. w/ encl.
John Dorney, DWQ-Raleigh w/encl.
R.M. Smith w/o encl.
M. Brom w/o encl.
C. Preziosi, LMG w/encl.
23-11-018 w/encl.
1530 NC Hwy 306 South, Aurora, NC USA 27806 T [phone]
PCS Phosphate I www.potashcorp.com
RUTMAN CREEK WATERSHED RESTORATION PROJECT
HYDE COUNTY, NORTH CAROLINA
IN SUPPORT OF THE
PCS PHOSPHATE COMPANY, INC.
MODIFIED ALTERNATIVE L
AURORA, BEAUFORT COUNTY, NORTH CAROLINA
AS -BUILT REPORT - PHASE 2
I
Prepared by:
Wetlands Resource Center
Canal Winchester, Ohio
Land Management Group, Inc.
Wilmington, North Carolina
June 2010

RUTMAN CREEK WATERSHED RESTORATION PROJECT
HYDE COUNTY, NORTH CAROLINA
IN SUPPORT OF THE
PCS PHOSPHATE COMPANY, INC.
MODIFIED ALTERNATIVE L
AURORA, BEAUFORT COUNTY, NORTH CAROLINA
AS -BUILT REPORT - PHASE 2
M�
Prepared by:
Wetlands Resource Center
Canal Winchester, Ohio
Land Management Group, Inc.
Wilmington, North Carolina
June 2010

9
•
TABLE OF CONTENTS
1.0. EXECUTIVE SUMMARY .......................................
2.0. INTRODUCTION .....................................................
3.0 PRE-CONSTRUCTION CONDITIONS ..............
4.0 RESTORATION SUMMARY ................................
5.0 INSTALLATION OF MONITORING DEVICES
Figure 1 (a) ....
Figure 1 (b) ...
Figure 2.........
Figure 3..........
Figure 4.........
Figure 5.........
Table 1..
Appendix A...........
Appendix B...........
Appendix C ..........
..........................................................1
..........................................................2
.......................................................... 2
.......................................................... 2
..........................................................4
LIST OF FIGURES, TABLES, AND APPENDICES
..........................Construction Phase Map
................... Phase 2 (Well and Plot) Map
................................ Plug Cross-Sections
........................... Typical Plug Plan View
................... On-Site Reference Well Map
Reference Well Map (Cameron Property)
................... Phase 2 Planting List (March 2010)
................................................................................ Section 404/401 Authorizations
............................................................................. Packing Slips for Plant Deliveries
...................................................................................................... Site Photographs
•
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1.0 EXECUTIVE SUMMARY
On behalf of PCS Phosphate Company, Inc. (PCS), Wetlands Resource Center LLC (WRC)
implemented the second phase (1,680 acres) of the Rutman Creek Watershed Restoration Project
in November 2009. The project consists of three phases totaling 4,213 acres of land formerly
consisting of nearly an entire headwater stream and wetland system of Rutman Creek (a second-
order tributary of the Pungo River) in Hyde County, North Carolina. The Rutman Creek Watershed
Restoration Project is intended to provide suitable, high-quality Coastal Plain wetland and stream
mitigation to offset authorized impacts associated with the PCS mine continuation project in
Aurora, Beaufort County (NC). The objective of the Rutman Creek project is to provide for the
functional restoration and ecological up-lift of wetland and stream habitat via the re-establishment
of characteristic hydrologic conditions and vegetative assemblages. Anticipated functions and
values resulting from the restoration project include increased nutrient retention/transformation,
sediment retention, floodwater storage/flood abatement, and groundwater recharge. Given the
• scale of the restoration effort, the project will provide considerable habitat benefits on a watershed
and regional level. The project offers the unique opportunity to provide habitat connectivity
between vast acreage of wildlife refuge areas (to the northeast) and the Pungo River Estuary (to
the southwest).
The Rutman Creek property has been historically managed for agricultural production (winter
wheat, soybean, cotton and corn rotation). The majority of the project site consists of prior-
converted (PC) agricultural fields. Remaining acreage of forested land (jurisdictional and non-
jurisdictional areas) exist toward the southern limits of the project site. Under contract with PCS,
WRC initiated Phase 1 of the restoration project in February 2009.
The following document provides information related to the `as-built' condition of Phase 2
(encompassing 1,680 acres of the 4,213-ac project area) implemented in November 2009 and
completed in March 2010.
• Rutman Creek Watershed Restoration Project 1
As-Built Report (Phase 2)
• 2.0 INTRODUCTION
Phase 2 of the Rutman Creek Watershed Restoration Project (encompassing 1,680 acres of the
4,213-ac project area) was initiated in November 2009 (refer to Figure 1(a)). Of the 1,680 acres,
1,232 acres consist of non-riparian (i.e. headwater bay forest and wet hardwood forest) wetland
restoration while the balance (448 acres) consists of bay forest wetland preservation. Restoration
activities included earthwork (backfilling of interior ditches, disking of fields, installation of clay
plugs, etc.), planting of characteristic non-riparian bay and swamp forest trees, and the installation
of monitoring devices. Work was completed in accordance with the approved restoration plan
(entitled Rutman Creek Watershed Restoration Plan, Hyde County, North Carolina, revision dated
January 19, 2009), the U.S. Army Corps of Engineers (USACE) Nationwide Permit 27 with
attached conditions (issued February 20, 2009), and the NC Division of Water Quality (DWQ) 401
Water Quality Certification with attached conditions (issued March 16, 2009). Refer to Appendix A
for copies of these authorizations.
3.0 PRE-CONSTRUCTION CONDITIONS
• Prior to the initiation of restoration activities, approximately 1,232 ac of the 1,680-ac Phase 2 area
was actively farmed cropland (in production for corn, soybean, cotton, and winter wheat). Drainage
for this area was provided by a network of lateral ditches and collector canals. Spacing of the
lateral ditches was on approximate 330-ft intervals, while collector canals occur on approximate
5,000-ft spacing. Water levels in each collector canal were managed through a series of water
control structures designed to outlet surface water to either the Atlantic Intracoastal Waterway
(AIWW) to the southeast; New Lake Canal to the northwest; or Mooney Canal to the southwest.
4.0 RESTORATION SUMMARY
Restoration activities (earthwork, planting, and installation of monitoring devices) have been
completed within the 1,680-ac Phase 2 section of the mitigation site. Within the 1,232-ac
restoration area, all interior, lateral ditches were backfilled. Backfill material was sourced from the
adjacent field blocks that had been previously crowned. In addition, the ends of each of the former
lateral ditches were plugged with finer, clay material. Rip-rap and erosion-control matting was
installed to stabilize these outlet areas. Fields were disked to provide surface roughness and
is reduce compaction. The one dirt road providing access for farm equipment was removed via
Rutman Creek Watershed Restoration Project 2
As-Built Report (Phase 2)
• grading and disking. Backfilling of interior ditches was conducted from December 2009 through
February 2010.
Larger clay plugs (#7 - #10 and #13) were then installed in five (5) specific locations within outlet
canals per the approved restoration plan (Figure 1b). Plugs #11 - #12, (originally scheduled for
installation within Bama Canal during Phase 2) will be installed during Phase 3 construction to
avoid hydrologic trespass within adjacent fields that will be continued to be farmed until crop
removal in the fall of 2010. Clay material for the plugs was excavated from existing spoil piles along
Mooney Canal. The plug material was placed within the canals and subsequently compacted
utilizing the excavator equipment. All the clay plugs were installed between February-March 2010.
Grading work was conducted by Wetlands Resource Center staff (Canal Winchester, OH) and
Oxbow River and Stream Restoration (Delaware, OH). Final grades were confirmed by project
environmental scientists from Land Management Group, Inc. (LMG) and by ESP Associates, PA (a
registered licensed surveying firm) (refer to as-built cross sections depicted on Figure 2). Clay
plugs #7 through #10 and #13 are 50 ft in length (refer to Figure 3). To provide additional
is reinforcement during high-flow events, filter-fabric and large rip-rap was placed over the entire
length of each plug (including the upstream and downstream slopes). All water-control structures
on each of the canals within Phase 2 have been removed from operation. Note that access across
the water-control structures has been maintained to provide all-terrain vehicle ingress/egress for
monitoring and long-term management.
Planting of the 1,232-ac restoration area was conducted by Superior Tree Planting Service during
the week of March 1 through March 12, 2010. All planting activities were supervised by
environmental scientists from LMG. Plant material was provided by Arborgen Nursery (Blenheim,
SC). Per the restoration plan, two non-riparian vegetative communities (bay forest and wet
hardwood forest) were established throughout the 1,232-ac restoration area. The bay forest
community (approximately 1,111 ac) was planted with characteristic species such as bald cypress
(Taxodium distichum), sweet bay (Magnolia virginiana) and pond pine (Pinus serotina). The wet
hardwood forest community (approximately 121 ac) was planted with species such as swamp
chestnut oak (Quercus michauxii), laurel oak (Quercus laurifolia), and black gum (Nyssa sylvatica).
A total of 643,950 seedlings were planted (corresponding to an average density of 523 stems/ac).
• Rutman Creek Watershed Restoration Project 3
As-Built Report (Phase 2)
Table 1 provides additional information regarding community composition and total stem counts for
Phase 2. In addition, the packing slips for the three deliveries to the site are included in Appendix
r1
LJ
B. Photo-documentation of construction and planting activities are provided in Appendix C.
Table 1. Rutman Creek Watershed Restoration Project - Phase 2 Planting List (March 2010)
Bay Forest 1,111 Non-Riparian Restoration
Common Name Scientific Name % Composition # Planted
Red Bay Persea borbonia 2.0 11,525
Sweetbay Magnolia virginiana 15.2 89,000
Pond Pine Pinus serotina 23.6 138,450
Atlantic White Cedar Chamaecyparis thyoides 12.8 75,000
Bald Cypress Taxodium distichum 30.3 177,900
Black Gum Nyssa sylvatica 16.2 94,800
TOTAL 586,675
Wet Hardwood Forest 121 Non-Riparian Restoration
Common Name Scientific Name % Composition # Planted
Swamp Chestnut Oak Quercus michauxii 18.0 10,300
Laurel Oak Quercus laurifolia 17.8 10,200
Cherrybark Oak Quercus falcata 18.0 10,300
Black Gum Nyssa sylvatica 18.0 10,300
Ironwood Carpinus carolinium 5.7 3,275
Tulip Poplar Linodendron tulipifera 22.5 12,900
TOTAL 57,275
GRAND TOTAL 643,950
5.0 INSTALLATION OF MONITORING DEVICES
As part of the implementation of Phase 2, LMG installed sixty-two (62) automated shallow
groundwater monitoring wells (RDS, Inc. WM-20s) within the 1,232-ac restoration area (Figure
1(b)). In addition, five (5) automated wells were installed within the identified reference bay forest
wetland area on the mitigation site. Data from these wells will be used for comparative analyses to
evaluate the hydrology of Phase 1 and 2 bay forest communities. Refer to Figure 4 for a map
• Rutman Creek Watershed Restoration Project 4
As-Built Report (Phase 2)
• depicting the location of these reference wells. In addition to the groundwater monitoring wells,
one hundred twenty three (123) permanent 0.10-ac vegetation plots were randomly established
within the 1,232-ac project area. The center of each plot is marked with rebar and flagged PVC. In
addition, the outer perimeter of each plot is marked with flagged PVC.
The selection of plot and well locations was based on stratified random sampling methodology.
The Phase 2 restoration area (1,232 ac) was divided into separate polygons based upon planted
community type (which in turn corresponded to identified soil units and topography).
Approximately 90% of the vegetation plots were associated with the bay forest community and
10% were associated with the wet hardwood forest community. The NOAA GIS sampling tool
(created for area-based sampling) was used to randomly identify locations within the polygons and
along established transect positions across the site. Since wells were to be paired with half the
number of vegetation plots, wells were installed at all odd-numbered plot locations (also ensuring
randomness corresponding to community type).
Annual monitoring will be conducted near the end of each growing season for a period of five
• years. Vegetative monitoring will occur throughout the established 0.10-acre permanent plots
corresponding to a total of 12.3 acres (equivalent to approximately 1% of the restoration area).
Shallow groundwater level data will be collected on a daily basis via the sixty-two (62) automated
wells. All data will be compiled and evaluated per the approved restoration plan. Please note that
specific success criteria (for both vegetation and hydrology) are described in the restoration plan.
Monitoring reports will be submitted annually to the USACE and NCDWQ by February 15th of each
year.
Rutman Creek Watershed Restoration Project 5
As-Built Report (Phase 2)

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• J% Rutman Creek Watershed Restoration Project
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•
APPENDIX A.
SECTION 4041401 AUTHORIZATIONS
E
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WDENIR
• North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 16, 2009
DWQ Project # 08-1319
Hyde County
Wetlands Resource Center
Attn: Cal Miller
3970 Bowen Road
Canal Winchester, OH 43110
Subject Property: Rutman Cr. Watershed Restoration Project
Rutman Creek, Tar-Pam Basin, 030407, 29-34-18-2, NSW, SC
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions and those listed below, to
• place fill within or otherwise impact 4.56 acres of waters and 7900 feet of streams for the purpose
of wetland and stream restoration at the subject property, as described within your application
dated October 8, 2008 and received by the N.C. Division of Water Quality (DWQ) on October
11, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3689 (GC3689). The Certification(s) allows you
to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). This
letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] ?7One
Washington, NC 27889 FAX [phone] h Carliina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vatunally
Page 2 of 4
The Additional Conditions of the Certification are:
• 1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 7900 (feet) Plat rovided with application
404/CAMA Wetlands na acres na
Waters 4.56 acres Plat provided with application
Buffers na s uare ft. na
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
• control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
•
Page 3 of 4
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
• within six months of the date that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. Documentation of Flow
Documentation of flow must be established per the requirements of the US Army Corps of
Engineers letter, ORM. ID SAW - 2008-02444 / Rutman Creek Mitigation Plan, distributed
on February 20, 2009. The requirements set forth by item 5 of that letter shall be achieved
prior to the calculation of mitigation credits.
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
8. "Re-opener" Clause
• Wetlands Resource Center, PCS Phosphate Company, Inc. and its authorized
agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d) of
the Clean Water Act) and any other appropriate requirements of State law and federal
law. Wetlands Resource Center and PCS Phosphate Company, Inc. shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify the US Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H,0504. Any new or
revised conditions shall be provided to the DWQ in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
9. Water Quality Certification(s)
0
Page 4 of 4
• The proposed project must comply with all of the conditions of General Water Quality
Certification(s) (GC) 3689.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Kyle Barnes of the Washington Regional
Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
•
Enclosures: Certificate of Completion
GC 3689
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, WaRO
File copy
Jeffery C. Furness, PCS Phosphate Co, Inc.
PO Box 48, Aurora, NC 27806
Ashley Futral, Land Management Group
PO Box 2522, Wilmington NC, 28402
kincerely,
Coleen H. Sul m
TL
0
•
APPENDIX A. SECTION 4041401 AUTHORIZATIONS
•
0
IN REPLY REFER TO
•
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
February 20, 2009
ORM ID SAW-2008-02444 / Rutman Creek Mitigation Plan
Mr. Jeffrey C. Furness
PCS Phosphate Company, Inc.
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
This correspondence is in reference to your preconstruction notification deemed complete on
January 15, 2009, for Department of the Army (DA) authorization to undertake waters and
wetlands restoration activities on property identified as the Rutman Creek Watershed Restoration
site, located off of New Lake Road, adjacent to Rutman Creek, near Ponzer, in Hyde County,
North Carolina.
For the purposes of the U.S. Army Corps of Engineers (Corps) Regulatory Program, the Code
of Federal Regulations (CFR) published in the Federal Register on March 12, 2007, lists
nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided under Nationwide Permit 27 for activities in
waters of the United States associated with aquatic habitat restoration, establishment and
enhancement.
Your work is authorized by Nationwide Permit 27 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
1. Authorization of this work in no way obligates the Corps to accept this project as
compensatory mitigation for the PCS Phosphate Company's mine expansion permit (ORM ID
SAW-2001-10096).
2. The Permittee shall fully implement the mitigation plan, entitled Rutman Creek Watershed
Restoration Plan, Hyde County, North Carolina, revision dated January 15, 2009, except as
conditioned below.
3. The construction of minor depressions (microtopography) on the site is not authorized.
4. Discing and/or grading to create beds and/or other persistent, earthen features on the site is
not authorized.
0

5. Zero Order Stream Success Criteria.
a. Surface water flow must be documented. This shall be accomplished using
photographic evidence of observed flow coupled with a preponderance of field indicators of
recent flow events in the form of a natural line impressed on the bank; shelving; changes in soil
characteristics; destruction of terrestrial vegetation; presence of litter and debris; wracking;
vegetation matted down, bent or absent; sediment sorting; leaf litter disturbed or washed away;
scour; deposition; bed and bank formation; water staining; or change in plant community. All
field indicators present shall be documented in each monitoring report.
b. Surface water flow must be documented to occur at least 2 times per year for 3 years out
of the 5-year monitoring period during normal rainfall conditions. Additional monitoring may
be necessary in the event of abnormal climatic conditions.
c. Final determination of the upper limits from which stream mitigation credits may be
calculated will be made by the Corps at the end of the 5 year monitoring period.
6. Prior to undertaking any work within jurisdictional areas as authorized by this permit, the
Permittee shall submit a plan for review and approval documenting all monitoring plot and
groundwater well locations across the site.
• 7. The Permittee shall prepare and submit all monitoring reports pursuant to Regulatory
Guidance Letter 08-03,
http://www.usace.armv.mil/CECW/Documents/cecwo/reg/rgls/rgIO8 03.pd£
8. Within the first 3 years of monitoring, if any one planted species exhibits greater than 50%
mortality, that species will be either replanted or an acceptable replacement species planted in its
place after review and approval by the Corps.
9. Reference Figure 10.b. of the mitigation plan. To ensure that the plugged canals and
ditches do not continue to drain the site, the Permittee shall ensure that the final fill elevations of
all ditch and canal plugs are packed down and of the same elevation as the adjacent ground.
10. The Corps remains concerned with the lengths of the plugs to be installed within ditches
and canals on the project site. The Permittee is responsible for the long term effectiveness of
these plugs. Should problems be documented, the Permittee will be required to install more
substantial plugs.
11. The Permittee shall remove all water control structures upon completion of each phase of
construction. Monitoring to determine success of each phase will not officially commence until
the structures have been removed and all other site manipulations have been completed.
• 2
r:
12. In order to capture important early growing season hydrologic data across the site, the
Permittee shall commence hydrology monitoring by February I` of each monitoring year.
13. Relative to meeting the prescribed hydrology success criteria, hydrology data shall be
interpreted in terms of consecutive days of inundation or saturation, not cumulative days.
14. Should any other contingency measures be deemed necessary by the Corps, the Permittee
shall develop and submit a remediation plan to the Corps for review and approval prior to
implementation.
This nationwide permit does not relieve you of the responsibility to obtain any other required
State or local approval. Toward this end, please be reminded that the North Carolina Division of
Water Quality has not yet issued its Section 401 Water Quality Certification for this project. No
work may commence under this authorization until all necessary permits have been received.
This verification will be valid for two years from the date of this letter unless the nationwide
authorization is modified, reissued or revoked.
Thank you for your time and cooperation. The Wilmington District is committed to
providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at '
• http://re ug_latory.usacesurvey.com/. If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone [phone], extension 22.
Sincerely,
---U' '?-l s?- , &?J David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Enclosures
9
•
Copies Furnished (without enclosures):
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
United States Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Mike Wicker
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
• Mr. John Domey
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. David Moye
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
• 4
•
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Sean McKenna
Division of Marine Fisheries
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Rickey Peed
Division of Land Resources
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Heather Jacobs
Pamlico-Tar River Foundation
Post Office Box 1854
• Washington, North Carolina 27889
Mr. Christian Preziosi
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
0 5
•
NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishment of
tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal
streams and other non-tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or establish stream meanders; the backfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
• land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non-tidal waters on the project site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishment activities conducted: (1) In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establishment actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur
0
• within five years after expiration of a limited term wetland restoration or establishment
agreement or permit, and is authorized in these circumstances even if the discharge occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of
the United States for the reversion of wetlands that were restored, enhanced, or established on
prior-converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishment activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the permittee or the appropriate Federal or state agency must -
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize any future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reporting: For those activities that do not require pre-construction notification, the
permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement,
restoration, or establishment agreement, or a project description, including project plans and
location map; (2) the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following
activities:
(1) Activities conducted on non-Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishment
agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishment actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSM or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
•
2
•
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. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg atory 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.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
0
•
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 Temporaa Fills. Temporary fills must be removed in their entirety and
• the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized
•
4
• under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
. endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.htmi respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
0
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
• If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
0 6
•
20. Miti ag tion. 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) 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 some other form of mitigation would be more
environmentally appropriate 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. 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.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, 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 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. 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 arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.

7
• (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.
21. 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.
22. 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.
23. 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.
• 24. 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.
25. 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
0
the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) 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, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the penmittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
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Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
• mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
10
• (2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
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 multiple copies of pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
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(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete 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.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (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, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
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decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during,. and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility.' A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
• may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters ofthe 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
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• flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
• of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/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.
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
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• which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shell ish seedin : 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 project: 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 project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater mana ement: 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
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).
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• 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 that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, 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.
•
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• REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's 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 I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
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
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
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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 provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
bttp://www.saw.usace.anny.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
• US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
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2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
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Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Ave Stokes
Telephone: [phone] Burke Surry
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Mr. Dave McHenry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.
Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison 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 streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
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3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
0 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.
•
21

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 opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Culvert burned
Approach Fill Bankfull belowstreambed
to appropriate
depth (ifrequired).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
9
22
0 3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #27 - Aquatic Habitat Restoration,
Establishment, and Enhancement Activities.
4.1 If you are under contract to the North Carolina Ecosystem Enhancement Program (NCEEP)
and are supplying a Pre-construction Notification (PCN) for impacts associated with a mitigation
project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter
from the NCEEP stating that they have reviewed and approved your restoration plan.

23
NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.enr.state.nc.us/ncwetiands/certs.htmi
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/.Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.usace.army.mil/WETLANDS/NWP2007/EBCI-certs.htm]
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
2007 / Notices p.26082
2007 SAW Regional Conditions - Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.usace.army.mil/WETLANDS/NWP2007/nationwide-permits html
•
24
lr]
APPENDIX B.
PHASE 2 PACKING SLIPS (ARBORGEN NURSERY)
•
•
Seedling Distribution Sheet
003029
•?
SUpet*ee South Carolina S'uperTree Nursery
5594 Highway 38 South
` Blenheim, SC 29516

Circle One: ?...? or NOT
Q,
Toll Free: 1-800-222-1290
Phone: [phone]
Fax: [phone]
www.supertreeseedlings.com
Customer Name. ? - ..

Date
:
Ordered b
°
ti Y
w
Time: a.m. p.m.

Ship to Location:
+

Lift Date
Species
Family
Seedldt
Gen.
Pallet Tag #'s Treatment-
Pounce, Avg. Sldgs/

Box No. of

Boxes
Seedlings Shipped
etc.
+
I .r+ f

,

Totals r i }
Package Temperature Carrier Name

Van Temperature Driver Signature
t
..
Number of Racks Customer or Authorized. Signature
O
ArborGen Employee Signature
PACKING SLIP
ARBORGEN,.
SuperTree
SC?a11I1g,5 ;
Toll Free: 1-800-222-1290
Phone: [phone]
Fax: [phone]
www.supertreeseedlings.com
Date: t9 -'
Time: { s a. m. ; .m:

Seedling Distribution Sheet
South Carolina SuperTree Nursery
5594 Highway 38 South `
Blenheim, SC 29516
003028
Circle One: i{f OT /or NOT
Customer Name:,
Ordered
A Ship to Location 11 Treatment- Avg. Sldgs/ No. of
Lift Date " Species Family See+t Gen. Pallet Tag #'s Pouhce,
etc.
Box
Boxes Seedlings Shipped

it IL

Yd, tt' r " } .. r ,
„3
a s?

p,

Totals
Package Temperature Carrier Name
Van TemPerature°
Driver Signature
Number of Racks Customer orAuthorized y _
•-+
Signature
r.
OArborGen Employee Signature:?. '
PACKING SLIP
ARBORGEN
e
Seedling Distribution Sheet
Ail South Carolina Super7ree Nursery 3090
. SuperTree 5594 Highway 38 South
S EW role Blenheim, SC 29516
"
Toll Free: 1-800-222-1290 Circle One: OT. or NOT
Phone: [phone]
Fax: [phone]
WWW.$Ppertreeseedlings.com Customer Name: l
p
Date: + Ordered by:
? `
Time: a.m:P.m. Ship to Location' ' '`-

Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s reatment
Pounce,
etc. Avg. Sldgs/

Box No. of

Boxes
Seedlings Shipped
. - t j -

?,e.?

7 ?

/_.. ?.?'? 1
T k
jy
f'.. ?J? ? ,l'
}
I V by ?f

•,?

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)

i
r x ..,

f r ; r #. Td;kt 4 f 1
t
t' r ? r

J t E y'::? . • ? ? i.

Totals . t } r
Package Temperature
Van Temperature
.Number of Racks
ArborGen Employee Signature--
Carrier Name
Driver Signature
Customer or Authorized Signature
PACKING SLIP
ARBORGEN o
Seedling Distribution Sheet
003124
South Carolina SuperTree Nursery
SuperTree 5594 Highway 38 South
Blenheim, SC 29516
Circle One: OT )or NOT
Toll Free: 1-800-222-1290 i
Phone: [phone]
Fax: [phone]
www.supertreeseedlings.com '
Customer Name:

: it
'
Dat
y;
Ordered b
e
'-P
: t i a.m
Tim
m. Ship to Location: -
.
.
e

Lift Date
Species
Family
Seedlot
Gen.
Pallet Tag #'s reatment
Pounce, Avg. Sldgs/

Box No. of

Boxes
Seedlings Shipped
eta
?? .

? a

i
}

1

Totals 1 0" : V
fte.

Package Temperature Carrier Name

Van Temperature Driver Signature

Number of Racks Customer or Authorized Signature
.
n
ArborGe
Employee Signature
PACKING SLIP ARBORGEN
•
APPENDIX C.
SITE PHOTOGRAPHS
PHASE 2 AS-BUILT

0
•
•
Rutman Creek 1 4 LMG
Watershed Restoration "v °"^°F""T`:""
Phase 2 As-Built Report
Appendix C.
Site Photographs
(1) View of graded and disked field prior to planting
(2) View of pull-behind box blade used to remove field crowns

•
Rutman Creek LMG Appendix C.
Watershed Restoration 1 4, , , ", , ! L "I !AVIIMAI,11•?
- Site Photographs
Phase 2 As-Built Report
(3) Construction of Plug #8 (from stockpiled clay material)
(4) Construction of Plug #10
•
•

. Rutman Creek LMG
Watershed Restoration
Phase 2 As-Built Report
Appendix C.
Site Photographs
(5) View of installed vegetation plot and paired well (WM-20)
(6) View of graded and disked field (facing northwest toward New Lake Road)
•
(7) View of Plug 7 in foreground and view of fields and Clay Canal in background
•

Rutman Creek LMG Appendix C.
Watershed Restoration ^v°'''''
Site Photographs
°°• •--
Phase 2 As-Built Report
(8) View of same area as Picture 7 (above) in March 2010
•
•

7.4 ,
S?x
"h "+t 'r?? +MG C, .rte I' .'v ;. k `t?ir7 +e i`+l,• ?, y, . ?gy? y,, `.n, ti
aw "?? +? K 'e4 .+? SwJh{., a?. J?'.a. gym. ?•z ?/°7s Y? ,Y ?« :., ? L.
a,
f

Rutman Creek LMG
Watershed Restoration
:.. ..........:....
Phase 2 As-Built Report
Appendix C.
Site Photographs
(9) View of Plug #9 facing toward New Lake Road
(10) View of mixture of seedlings in planted bay forest community
E
•
• Rutman Creek 41
LMG L
Watershed Restoration LANDMANM, LM P°?
Phase 2 As-Built Report
Appendix C.
Site Photographs
(11) View of planting crew near eastern boundary
(12) View of planting activities in wet hardwood forest community
•
r

Rutman Creek LMG
Watershed Restoration AND MANAGEMENT G80L 11 .
Phase 2 As-Built Report -
Dunbar Canal Rd

Appendix C.
Site Photographs
(13) View of eastern boundary of Phase 2 (post-planting)
(14) View of post-planting inspection