20041692 Ver 1_Complete File_20041019

~~~~~
~'
Certificate of Completion
DWQ Project No.: ~ 'l ~ ~~ a
Applicant:

o /~~
~S ~Q~
MqR 2
0
Q ~L9rypS~OWq~R ZQO6
COUnty: ~ Q' ~+ sl QU
NC ~~T ~~V~SiO~'1 ~ RN
Project Name: S R 1y a 3 t3~; ao~Q,'~ ~ L2e L o . ~ -'~ 1`1 ~
Date of Issuance of 401 Water Quality Certification: SA+r+ Uo, r y c1$ ~ oZ O ~ S
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, ~ ~, W~ ~ v~ ,hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that. the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Dater 3 - (~1''-~ 0~
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:

e '/
U.S. ARMY CODS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200200469 TIP No: B-4171 State Project No: County: Lee
GENERAL PERMIT (REGIONAL AND
Applicant: North Carolina Department of Transportation
Address: Timothy Johnson, P.E., Division Engineer
North Carolina Department of Transportation
Division 8
P.O. Box 1067
Aberdeen, North Carolina 28315
NATIONWID VERIFICATION
4 ~~~Q
V~~'
MA LJ
R ~ 8 205
~~STTpi,~ANq~Ll1y
R g~H
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): 601ineaz feet of twin cell 14-foot by
12-foot concrete box culvert in Gum Fork Creek at centerline station 13+43 on SR 1423 in Lee County, North
Carolina.
Description of Activity: To replace existing bridge number 4 with 601inear feet of twin cell 14-foot by 12-foot
concrete box culvert with a 2-foot & 1-foot sill and install a temporary diversion structure in accordance with Section
5.2.3 or 5.2.4 of the NCDOT Best Management Practices for Construction and Maintenance Activities or will be
phased by diverting flow by use of a coffer dam and diverting to a completed cell as construction progresses
Approximately 20 lineaz feet of class Brip-rap is to be placed on both banks above the plane of ordinary high water at
each end of the culvert for bank protection. The roadway will be closed to traffic and all traffic detoured onto existing
roadways during construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 14&33 Nationwide Permit Number
Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginnng work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or NWP referenced above may subject the perrnittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the pernuttee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and
local agencies before beginning work.
This verification will remain valid until 1 March 2007 unless the nationwide authorization is modified, reissued or
revoked. If, prior to 1 March 2007 the nationwide permit authorization is reissued and/or modified, this verification
will remain valid until 1 March 2007, provided it complies with all modifications. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the
terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the nationwide pernut, will remain authorized provided the activity is

~ i
Action ID: 200200469 TIP No: B-4171 State Project No: County: Lee
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the. authorization.
If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the
Corps Regulatory Official specified below.
Date 1 March 2005 ~i,~~
i~~~2~~~
Corps Regulatory Official Richard K. Spencer Telephone No. (910, 251-4172
CF: Art King, NCDOT Div 8
Ken Averitte, NCDWQ
Beth Barnes, NCDWQI/

J ~
Action ID: 200200469 TIP No: B-4171 State Project No: County: Lee
GENERAL. PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
1. Compensatory mitigation for the unavoidable impacts to 601inear feet of stream associated with the
proposed project shall be mitigated by NCDOT by providing 1201inear feet of restoration equivalent warm
water stream channel in the Cape Fear River basin (Hydrologic Cataloging Unit 03030004).
2. All temporary fill is to be placed on filter fabric and removed from the waterway in its entirety upon
completion of the construction.
3

tV% }r'.J
~~'~~ Q~C ~~~~ ,4 ~
~
`~ ~~ r f
~
a .r' ~~~ ~ \~ `,vim, / ` ~ ~• ,~~ ~J ~`
m
\ \
q
~ ~
` ~ ' ~ j ~
~ a'
v
~ _
E - ~ - ~
Q ?\ ~

~~.~~ ~` 311 .~.~ ti•\
• ~ fy~0 _
~~
,~ ~ R
`•l j i
l
` V - t
- -
~~
` ~ ~ j
~
`
F` r '
.:~ - 4
i
d a4 .~
} ~ t
} y4.1 tj

-:.
t
~

~ 4y ,

~ .

I
J
.~ /
~l \
•t " ~
~ .~ ~ %'~~1
~ -~ ~~h~a

!YG~~ % -
!!( V1V ~r
~ tt ` i ~ ~
~r i 17 J~ ~l ! 1~: ~ r era `\(w,
.~ ~ r
~~ f ~
} / Y \ ~ ! ~
i ~ ~ ~/ 3 i

t

ffj
~~ ~
~ ~ '~, ~~~, ¢n~ f ~ -~-'
~ f ~
i
jt ~
=~ -~ ---~'t ' ~
_~ _ - -

.
: ~- .~ ~
.
, ,
~
f~ ,
i

----- ----• •-^ ~-livva u xu:: i : a,cao ~et11i: i3-0 Eutta: h'Sdt

F,..
I~

I ~
u. ~
~, V
~ I I: ~X

~ 4
~
• I
u. /
f ~ ~
X
~
~ I
~ I
~ ~r .
~1
r~

°_
~ ..
~ .
n
~~ ~~,
J ~
~~ w
w
U
/•,
c~
,'~
i~

r
~~.
r--

M
N `,
_:~-.
ti !3!
00 0
• Q
t0 ~
.~

I
i
ti 1 ~~\~_
_
.'^.=~f,( li
Y
p ;

~

~ ;~
-~
.; _
15'X f ~'
-_~-

~_
~I~
T
----_

~;
~i
~! i ~ ~
~EmParc~~,.
~;.~e~~;an Pape
a N~ J oR
i^cb~:~, L;neCd
C~npnn~,

Op-1r- or ~- [
wn;.-~.
1 . _ STA,.~ T ~ - _ ~
1N - ~ ~~1 =:~4i~
2. yU ? ~~~io~, ~,=~ ANq a~Y,c uN~~ C~AV ~ s
~ 3. cou. CON~Ajtic> ~,-'c~4 TO ~;t T ~a~ ~ ~,~! ~. t
L ` ~STRuCT C~ILVER't ANp BP+~KftLt. ~
t .-
..
-~~ ~= C ~ . 1-ee, C o.,~~-Y SR f ~i ~3 E3~ -t
~AT~:.. 'n~+~-b1e 14' x ~o' Goncr ~ ` S .~~ _ 1
- ~ .. a~~ BoX Cute ,.
Gvrh ~orK. Creed. t
~.,

~ X. ^
'ORARY ROCK
CHECK TYPE -A
Tcr~/fPORARY SILT FENCE
TEMP(7R ^v?Y DNERSIGN CHANNEL
.~~i ~/ ;-
/MPFr?V1.7;IS D/Kc
1'~
\~ , \~
~`
-~~/~~i ~
1 - --3-
~~ ~ G7/N FDRK ~
/, ` / .' l
f ~~@
F - - - - - - - - - - V - - ~ -~- - - - - - - - - - - - - - - - - - - ' v
-~- - - -
.,
- - - TSD- ~ - -- ~-_~-- ~- - - - -
" 9i4y ----- -r ------
s ri•arE I i
TEMPOR,4P,Y ROCK
SEDIMENT DAA~ Tr ••°E - E
lMgv be used crs Sr/lit;;~~ ccs,'n;
14 x 7 x 3
4' weir
~.
TEMPORARY SILT DITCI
E E;1~'!r ' ~ °~
-j~ l .-~i__~_•
r_: i
------•---,v v Y---
f ~ ra c$ _
-TSD. ~ ~`~-=- --~~r_~,.;_ E-, _ _ - - -_
`-L------------ -------------- ----~- ~ TSD--
;° ------------ - -------~ ------------
._ ~~ ~ '
1
i
/4Y S~~T DITCH
TEMPORARY ROCK --/
S/LT CHECK TYPE - A
~'
IMPERVIOUS DIKE
~i c: TcMPORaRY ROC; S/! ~ ,~.`,_:~:~ T.~^~-_ ,
.. ~-
OF, T~ MPORARY Rc"?C ~ J r` ;,,; L ,"l !~a;~~
YP~ - B MAY c~ ~'S=~~ ~Ij S ~'L; /~,;U
=PAS/,1;" /F NEB Dr r.
.M1
c E [ f--;~___-__
- - -_ ,~
TEMPO.
TEMPORARY ROCK
SiL Cnc~~K -Y=~ - A
TEr~POR;;RY SILT FEN(`E
ROaDSmE E~v[Rt
- ~ Dt[-IS[C\ OF

l.~nPcR/tOUS DIKE A
t ~
TEM,°ORARY Rv^C
SEDIMENT GAM T'f~` - e
(May be used os S,'iI:Y;,g ~osi:,?
,~, I4x7x3
~~ ,_ 4' weir
TcMPr ~~~ ~ ~~ ~~. ~~
SILT C,~~ _.. -:'Pt - A .. ,
(,{.fob b2 usad as Stilling Bosinl \ ~,
1 ~ v ~ `\ i
_. ~ LSD ~ - ~ ~ :;~ °~ ~ TS©\R~~ '
h
------- --------- •i--- ---.---------------~r~o_-~ ----
- - - - ~ O- --OZ--Ef ~' ---~`--~~1
BARREL `f I BARREL "2
r
---- ~ -
;' ----- r------ _ __ - -
,- ;
---------' ----- -~_ ~ I~ `TSD
-~.~ ----_i, -~ S~ --- ----
Tsp °~.~ /TSD
~ 1 TSD ~.Y
:. .
_ _.
.. _
'.
-'-_--- E-f-f_-f--E-E ,`~ f~r~~ E-E-E-E-~-f -_-_-. ~_
I I TcMPG'R:RY SILT DITt
TEMPORARY ROCK -~ •
TEMPORARY ROCK
SILT CHECK TY,°E - A
SILT CHECK TYPE - A
PHASE l:
/. CONSTRUCT EROSION CONSTROL MEASURES` ITEMPORARY SILT CHICK 7?'PE-A OR
ROCK SEDI~,fE>±~r Dau, i ~'PE-B MAY BE USED AS S`~.'L_iN.C 6ASlNL
ZCONSTRUCT ;AIP~~/iCUS QIKE `A'fSEE NorE ON luPc,4vlouS DtKEI avD DrvERT FLObY.
3. CONSTRUCT Ba~REL =~.
NOl E: ~ _ ~!,='~~ ; r,; ;;' i ;OAK S/L% CHECK ; r = - ~
,-,~ -. -,n . ,, ~,-?„ ,~ a,
L'i : t ~~i~i~~ ~i'-~.~lt~;. i ;i.(.r( .SCGI,~~i~:E/- ~::tr!

l~a,`•E~G,/,GUS DIKE
/:ti1Pc,~vIGUS DIKE B
` ~,
rMay ce r1sg~ as Stilling Bosinl ~ ~` ~,
7 ~, .,~-.
TEMPGR.~RY" .=GC'
lMay be useU os S i;7ing BosinJ
14 x 7 x 3
4' weir
xSD f y ~ ~ rso ~~ .
BA,pREL "I ~ ~ BARREL '2 ~ - -
, ~ !
i -,-----j------ _ - i - -
------^--------------- -,~--~----~--------------------------- ~TSD
~ ?~ r -
/ ` \J 1
rs~ ~/ ~y SD~„~.jSD i
. ,. - ~ ~ EMPGRARY.SILT DIT•
- ESE E--E--E •. ..
~EMPGRARY ,4GC,~
SILT CHECK T/Pc - A
IMPERVIOUS DIKE B
TEMPGRARY RGC;i
SILT CHECK TYPE -
PHASc 2:
1. CGNSTRUCT IMPERVIOUS DIKES 'B' AND DIRcCT FLT,' Tr."iz"il BARREL 'l.
2. CGNSTRUCT Bf'.R,4EL $l
3. CQMPL~ i = CHs;'%.N~' ~ •ti:0 REMGVE I,uPERVIGUS OIK~S.
!'~OT~: -:~~' ~:r ;, .~TGv FROM PL,~;.~V G;VE!~' ~j~ .
,~~; `r`; ice,-;GR a,°PRGvL ~~' ~,^YC's~-
L E ~ !~
PPOJECT N0. 5•G
.LEE
STATION: 10+13
REPL~C.cS E~t?IGGE N0. .
DFPaRTtiiEUTsQF TRANSPOR
:Y _~
-I~~_ ;
,'-~ ~T DRA41
CiJLvERT ~PJ S,R 142?
GUS+, =~' ~ r~cr ~r
__ _ •~~
w. -
~i
-~'

NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Linear Transportation Projects. Activities required for the construction, expansion,
modification, or improvement of linear transportation crossings (e.g., highways, railways, trails,
and airport runways and taxiways) in waters of the United States, including wetlands, if the
activity meets the following criteria:
1. This nationwide permit is subject to the following acreage and linear limits:
a. For linear transportation projects in non-tidal waters, provided the discharge does not
cause the loss of greater than \1/2\ acre of waters of the United States; or
b. For linear transportation projects in tidal waters, provided the discharge does not cause
the loss of greater than \1/3\ acre of waters of the United States.
2. The permittee must notify the District Engineer in accordance with General Condition 13 if
any of the following criteria are met:
a. The discharge causes the loss of greater than \1/10\ acre of waters of the United States;
or
b. There is a discharge in a special aquatic site, including wetlands;
c. The notification must include a compensatory mitigation proposal to offset permanent
losses of waters of the United States to ensure that those losses result only in minimal adverse
effects to the aquatic environment and a statement describing how temporary losses of waters
will be minimized to the maximum extent practicable;
d. For discharges in special aquatic sites, including wetlands and stream riffle and pool
complexes, the notification must include a delineation of the affected special aquatic sites;
e. The width of the fill is limited to the minimum necessary for the crossing;
f. This permit does not authorize stream channelization, and the authorized activities must
not cause more than minimal changes to the hydraulic flow characteristics of the stream, increase
flooding, or cause more than minimal degradation of water quality of any stream (see General
Conditions 9 and 21);

g. This permit cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars; and
h. The crossing is a single and complete project for crossing a water of the United States.
Where a road segment (i.e., the shortest segment of a road with independent utility that is part of
a larger project) has multiple crossings of streams (several single and complete projects) the
Corps will consider whether it should use its discretionary authority to require an individual
permit. (Sections 10 and 404)
Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404
permit (see 33 CFR 323.4).
2

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. 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.
4. 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.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. 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 or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. 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).
8. 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.
9. Water Quality.
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
3

b. For NWPs 12, 14, 17, 1 S, 32, 39, 40, 42, 43, and 44, where the state or triba1401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. 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. 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 is located in the 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 may affect Federally-listed
endangered or threatened species or designated critical habitat, the 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. 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.
b. 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
USFWS 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 USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfins.noaa.gov/prot
res/overview/es.html respectively.
4

12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can 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 notification 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:
1. Until 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. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification 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. Brief 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. 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. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
6

iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as atenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the
prospective permittee must either notify the District Engineer with a PCN prior to each
maintenance activity or submit afive-year (or less) maintenance plan. In addition, the PCN must
include all of the following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 3001inear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
7

with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 3001inear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, 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.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. 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. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. 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. 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 is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. 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 days of receiving a complete PCN
and determine whether the conceptual or specific proposed mitigation would ensure no more
8

than minimal adverse effects on the aquatic environment. If the net adverse effects of the project
on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
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 proposal 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 proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters
of the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), 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 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 notification that the resource agencies'
concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act, the District Engineer will provide a response to
NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations.

Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. 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 US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. 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 US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
10

19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US 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 impacts requiring a PCN, 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. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing, or preserving similar functions and values,
preferably in the same watershed.
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., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer .will be 25 to 50 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
11

the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
12

24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
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. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
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 13, 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.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
13

(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a 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): BMPs are 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 nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
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
14

table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
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 o the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills 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 US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a 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 values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse,
or absent. Vegetated shallows are considered to be open waters. The term "open water"
includes rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not
15

include ephemeral waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the 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.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
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.
Single and Complete Proiect: The term "single and complete project" is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is 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.
Stormwater Mana eg ment: Stormwater management is the mechanism for controlling Sormwater
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, sormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
16

concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) 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 (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Bu er: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(I)
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: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
17

a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the
twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities 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) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
18

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 Bois Piedmont Bois
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
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. 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 of the disposal area and
allow a temporary shellfish closure to be made. Any disposal of sand to the 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. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
19

2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits 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.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included
in the construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 LAMA coastal counties must be buried to a depth of one foot below the
Stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, 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. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth 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 more adverse impacts to the aquatic
environment.
Roadway
Approach Fill ~Bankfvll
Culvert buried
below streambed
to appropriate
20

3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Natural channel design must be applied to the maximum extent practicable for
stream relocations. The N.C. Wildlife Resources Commission and the N.C. Division of Water
Quality provides Guidelines that are available to assist in the planning and design.
b. Bank-full flows (or less) shall be accommodated through maintenance of the
Approach Fill
Roadway
Culvert buried
B~f'-~ ~ below streambed
to appropriate
Baf3lel Stream deFth
Blockage Bottom
existing bank-full channel cross sectional area. Additional culverts at such crossings shall be
allowed only to receive flows exceeding bank-full.
c. Flows exceeding bank-full shall be accommodated by installing culverts at the
floodplain elevation where adjacent floodplain is available.
d. NWP 14 cannot be used for private projects located in tidal waters or tidal wetlands.
e. The activities associated with NWP 14 require apre-construction notification if they
will result in the loss of greater than 150 total linear feet of perennial streambed or intermittent
stream that exhibits important aquatic function(s).
Approach Fill
Floodplain
Elevation
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3375
1. Enumerating and Reporting of Impacts:
a. Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or temporary
21

stream impacts shall be enumerated on the entire project for all impacts regardless of which 404
Nationwide Permits are used. Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of use of stream
functions including but not limited to filling, relocating, flooding, dredging and complete
shading shall be considered stream impacts. Enumeration of impacts to streams shall include
streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a
404 Permit is used anywhere in a project unless the entire structure (including construction
impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or
path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and
flooding will count toward the threshold for stream impacts, but flooding upstream of the dam
will not (as long as no filling, excavation, relocation or other modification of the existing stream
dimension, pattern or profile occurs) count towards mitigation.
b. Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the
entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of wetland functions including but not limited to filling, draining, and
flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a
project.
c. Lakes and Ponds -Lake and Pond Impacts Enumeration- Impacts to waters other than
streams and wetlands as determined by the Division of Water Quality shall be measured as area.
Permanent and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results
in a loss of use of aquatic functions including but not limited to filling and dredging shall be
considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under this
General Certification requires application to and prior written concurrence from the Division of
Water Quality;
3. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
4. Additional site-specific stormwater management requirements maybe added to this
Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated
22

to have impervious cover of greater than 30 percent. Site-specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum. Additionally, in watersheds within one mile and
draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive
waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part
of the stormwater management plan when asite-specific stormwater management plan is
required. Alternative designs may be requested by the applicant and will be reviewed on a case-
by-case basis by the Division of Water Quality. Approval of stormwater management plans by
the Division of Water Quality's other existing state stormwater programs including appropriate
local programs are sufficient to satisfy this Condition as long as the stormwater management
plans meet or exceed the design requirements specified in this condition. This condition applies
unless more stringent requirements are in effect from other state water quality programs.
a. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit
before the impacts specified in this Certification occur.
b. The facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality.
c. Also, before any permanent building or other structure is occupied at the subject site, the
facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented.
d. The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity.
e. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW, HQW, Tr, WS-I and WS-II;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application
fora 401 Water Quality Certification must include the appropriate fee. If a project also requires
a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the
two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 1501inear feet or more of streams and/or one acre or more of wetlands. For linear
public transportation projects, impacts equal to or exceeding 150 feet per stream may require
23

mitigation. In addition, buffer mitigation may be required for any project with Buffer Rules in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a
variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit. The most current
design and monitoring protocols from DWQ shall be followed and written plans submitted for
DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved
by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan
must be implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be implemented before the
road is opened to the traveling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written concurrence
of 401 Certification for a project. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April
2001, the restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be included
with the 401 application for written DWQ approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel, to the maximum extent practical.
The new channel should be constructed in the dry and water shall not be turned into the new
channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to
native woody species, and should include establishment of a 30 foot wide wooded and an
adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coir fiber and seedling establishment is
allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of riprap coverage requested. If suitable stream mitigation is not practical
on-site, then stream impact will need to be mitigated elsewhere;
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested to do so in
writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in aggradation, degradation or significant changes in hydrology of
streams or wetlands;
24

10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional
or Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order
to assure compliance with the appropriate turbidity water quality standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
16. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
17. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 14, whichever is sooner.
NORTFI CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits -Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections -Federal Register Notice 13 Feb 2002
2002 Regional Conditions -Authorized 17 May 2002
25

NATIONWIDE PERMIT 33
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Temporary Construction, Access and Dewatering: Temporary structures, work and
discharges, including cofferdams, necessary for construction activities or access fills or
dewatering of construction sites; provided that the associated primary activity is authorized by
the Corps of Engineers or the U.S. Coast Guard (USCG), or for other construction activities not
subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near
normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a
manner, that will not be eroded by expected high flows. The use of dredged material may be
allowed if it is determined by the District Engineer that it will not cause more than minimal
adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or
dredged material returned to its original location, following completion of the construction
activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot
be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in
place after cofferdams are removed require a section 10 permit if located in navigable waters of
the United States. (See 33 CFR part 322). The permittee must notify the District Engineer in
accordance with the "Notification" general condition. The notification must also include a
restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic
resources. The District Engineer will add special conditions, where necessary, to ensure
environmental adverse effects is minimal. Such conditions may include: Limiting the temporary
work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan;
and requiring alternative construction methods (e.g., construction mats in wetlands where
practicable.). (Sections 10 and 404)

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. 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.
4. 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.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. 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 or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. 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).
8. 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.
9. Water Quality.
2

a. In certain states and tribal lands an individua1401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or triba1401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stonnwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. 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. 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 is located in the 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 may affect Federally-listed
endangered or threatened species or designated critical habitat, the 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. 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.
b. 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
USFWS 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 USFWS and NMFS or their World Wide
3

Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfins.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can 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 notification 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:
1. Until 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. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone numbers of the prospective permittee;
4

2. Location of the proposed project;
3. Brief 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. 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. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current

method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as atenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the
prospective permittee must either notify the District Engineer with a PCN prior to each
maintenance activity or submit afive-year (or less) maintenance plan. In addition, the PCN must
include all of the following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 3001inear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 3001inear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;

15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 3001inear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, 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.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. 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. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. 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. 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 is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective pennittee 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 days of receiving a complete PCN
and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects of the project
on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
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 proposal 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 proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters
of the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), 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 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 notification that the resource agencies'
concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens

Fishery Conservation and Management Act, the District Engineer will provide a response to
NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. 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 US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. 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 US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
9

from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US 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 impacts requiring a PCN, 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. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing, or preserving similar functions and values,
preferably in the same watershed.
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., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer .will be 25 to 50 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
10

environment or, a watershed basis. In cases where vegetated buffers 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 impacts.
g. Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
11

waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
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. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
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 13, 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.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
12

project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a 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 Manae~ement Practices (BMPs): BMPs are 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 nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Miti anion: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
13

one or more aquatic functions.
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. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
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 o waters o the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills 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 US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a 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 values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland.• An area that, during a year with normal patterns of precipitation has
14

standing or flowing water for sufficient duration to establish an ordinary high water mark.
Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse,
or absent. Vegetated shallows are considered to be open waters. The term "open water" includes
rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not include
ephemeral waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the 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.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
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.
Single and Complete Proiect: The term "single and complete project" is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is 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.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
15

Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, Stormwater retention and detention ponds and BMPs, 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 Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) 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 (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Bu. er: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
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: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
16

FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina
Coastal Area Management Act (CAMA), must also obtain the required CAMA permit.
Construction activities 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) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
17

4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
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 Bois Piedmont Bois
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
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. 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 of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the 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. If beach disposal was to
occur at times other than stated above or if sand from a closed shell fishing area is to be used, a
18

swim advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits 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.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, 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. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth 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 more adverse impacts to the aquatic
Roadway
Approach Fill Bank£ull
Cvlvext buried
below streambed
to appropriate
19

environment.
3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
The required restoration plan must include a timetable for restoration activities.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3366
1. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are required.
Also, Condition No. 2 is applicable to all streams in basins with riparian area protection rules;
2. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence from DWQ in accordance with 15A NCAC
2B.0200. Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico,
Randleman and Catawba River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water quality to
the maximum extent practicable through the use of best management practices;
3. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored within two months after the Division of Land Resources has released
the project;
5. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
6. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. Design and placement of
20

culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ. Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided
to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams
or wetlands;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. All temporary fill shall be removed to the original grade after construction is complete and
the site shall be stabilized to prevent erosion;
9. Pipes shall be installed under the road or causeway in all streams to carry at least the 25 year
storm event as outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" so as not
to restrict stream flow during use of this Certification;
10. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence fora 401 Water Quality Certification must include the appropriate fee. If a
project also requires a LAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of these corresponding Nationwide and Regional General Permits, whichever is sooner;
13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
21

Citations:
2002 Nationwide Permits -Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections -Federal Register Notice 13 Feb 2002
2002 Regional Conditions -Authorized 17 May 2002
22

e~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, J'r., Secretary
Alan W. Klimek, P.E., Director
January 28, 2005
Lee County
DWQ Project No. 041692
B-4171, SR- 1423, Bridge #4
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Tim Johnson, P.E., Division Engineer
NCDOT Division 8
P.O. Box 1067
Aberdeen, NC 28315
Dear 1vIr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 801inear feet of Gum Fork Creek, a class WS-IV, stream, in Lee County. The project should be
constructed in accordance with your revised application dated January 25, 2005 (received January 27,
2005). After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification No. 3404 corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Number 14. In addition, you should acquire any other federal, state or local permits before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless
otherwise specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us, in writing, and 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 wetland fills for this project
(now or in the future) exceed one acre, or if stream impacts exceed 1501inear feet, compensatory
mitigation may be required as described in 1SA NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
1. NCDOT shall comply with WS-IV Water Supply Watershed regulations, including the requirement
fora 30-foot vegetated buffer.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htta'//h2o enr.state nc.us/ncwetlands
NorthCarolina
~aturatlr~

NCDOT, SR 1423 Lee Co., DWQ # 041692
Page 2
January 28, 2005
2. 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. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No wastes, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond `
the footprint of the impacts depicted in the Preconstruction Notice Application. 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. 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 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 Quality has released the project.
5. Stormwater should be directed to vegetated buffer areas, grass-lined ditches or retention basins and
must not be routed directly into streams. Mowing of existing vegetated buffers is strongly
discouraged, so that they may be utilized for storm water diffuse flow.
6. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
7. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water. Rip rap shall not be placed in
the stream bottom:
9. All work shall be performed during low flow (below banldull) conditions.
10. Heavy equipment must be operated from the stream banks rather than in the stream channel in order-
to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. Please include photographs upstream and downstream of
the structure to document correct installation.

NCDOT, SR 1423 Lee Co., DWQ # 041692
Page 3
January 28, 2005
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date.that you receive this letter. To ask for a hearing, send a written
petition that 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ms. Beth Barnes at 919.715.8394.
Si ely,
~~
~"~-
%% Alan W. Klimek, P.E.
Attachment
Pc: Wilmington District Corps of Engineers
Richard Spencer, USAGE Wilmington Field Office
NCDWQ Raleigh Regional Office
Central Files
File Copy

STATE OF NORTH CAROLINA
~ucx~Ei. F. E.9Sr.FY
GOVERNOR
January 25, 2005
Memorandum To:
.~~~
~° r-~
+..
~Qa.o.m~
o N~69z
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
Richard K. Spencer, USACOE
Beth Barnes, NCDWQ
From: Art C. King, DEO~
NCDOT Highway Div. 8
Subject: B-4171 Revised Hydraulics Plans
SR-1423 Lee County (Bridge #4)
LY~mO TIPPETT
SECRETARY
Included is the additional information you requested to supplement our PCN for project. B-4171
in Lee County (Bridge #4 on SR-1423). The Original application for this project was dated
October 14, 2004.
Please note that the revised plans indicate an increase in the chamber size of the culvert, and the
inclusion of sills. Also included is the HEC-RAS data.
Please contact me if you require additional information.
D ~~~Q~
15U
JAN 2 7 Zoos
~NR~ Wq~R'~~~
RANCH
P.O. BOA 1067, ABERDEEN NORTH CAROLINA 28315
PHONE [phone] FAX (910} 944-5623

~~
~~~
NCDENR
North Carolina Department of Environment-and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
November 3, 2004
CERTIFIED MAIL: Return receipt requested
Mr. Tim Johnson, P.E., Division Engineer
NCDOT Division 8
P.O, Box 1067
Aberdeen, North Carolina, 28315
Dear Mr. Johnson:
Re: B-4171, DWQ # 041692, on SR-1423 (Farrell Road) in Lee County.
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
The Division of Water Quality has reviewed your submittal fc~r a §401 Water Quality Certification for the
aforementioned project. Review of your application revealed i~~lacking necessary information required
for making an informed permit decision. The permit applicatiort.,was deficient in the following areas:
.`
• The drawings furnished with the application are inadequate. It appears from one of the hand
drawings that the stream will enter the 14' X 10' RCBC at a 90`degree skew.
• The drawing does not appear to show aquatic life passage, and the proposed plan could destabilize the
stream.
The drawing appeazs to indicate a possible lowering of the N.G.L.T.
The drawing appears to indicate that the floodplain could restrict or hamper flood flows and
destabilize the stream.
Please provide information clarifying all of the above bullets. Therefore, pursuant to 15A NCAC 2H
.0507(a)(3), we will have to place the permit application on hold until. we are supplied the necessary
information. Furthermore, until the information is received by the Transportation Permitting Unit, we
request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact Beth Haines Barnes at 919.715.8394.
Si ere ,
I ~
. ~ ~
E. Hennessy
pc: Richazd Spencer, USACE Wilmington Fieid Office
Ken Averitte, NCDWQ Fayetteville Regional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650'
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: ht~t ://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer-50% Recycled/10% Post Consumer Paper
NorthCarolina
~aturallr~

~~~ FILE COPY
Office Use Only: ®~ / ~ ~ ~ Form Version October 2001
USACE Action ID No. DWQ No. "~
If any particular item is not applicable to this project, please enter "Not Applicable" or 'Tt/A" rather than
leaving the space blank.
I. Processing
D CC~C~M p
1. Check all of the approval(s) requested for this project:
® Section 404 Permit O C T 1 9 2004
^ Section 10 Permit
® 401 Water Quality Certification DENR - WATER gUlWTY
^ Riparian or Watershed Buffer Rules ~~~~
2. Nationwide, Regional or Generai Permit Number(s) Requested: 14 & 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: Timothy Johnson, P.E. Division Engineer
North Carolina Department of Transportation Division 8
P.O. Box 1067
Aberdeena North Carolina. 28315
Telephone Number: 910-944-2344 Fax Number: [phone]
E-mail Address: TJohnson(a,dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority, for the owner/applicant.)
Name: T. F. Welch, PE
Company Affiliation: NC Department of Transportation
Mailing Address: PO Box 289
Siler City NC 27344
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: twelch(a,dot.state.nc.us
- 5 :,

IlI. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmazks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge # 4 Lee County, SR 1423
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4171
3. Property Identification Number (Tax PIN): NA
4. Location
County: Lee Nearest Town: Sanford
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmazks, etc.): From Sanford follow SR 1002
north for approx. 5 miles, turn left onto SR 1423. Bridge location is approx. 2 miles.
5. Site coordinates, if available (UTM or Lat/Long): N 35* 33.87' W 79* 7.45'
(Note. - If project is lineaz, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Rural.
7. Property size (acres): NIA
8. Nearest body of water (stream/river/sound/ocean/lake): Gum Fork Creek
9. River Basin: Cape Feaz
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
-6-

10. Describe the purpose of the proposed work: Replace existing bridge with a double 14' x
10' x 60' concrete box culvert.
1 1. List the type of equipment to be used to construct the project: Excavator, Crane
12. Describe the land use in the vicinity of this project: Rura1/Residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated. for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
-7-

1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres) Located within
100-yeaz Floodplain**
es/no) Distance to
Nearest Stream
lineaz feet)
Type of Wetland***
None

' List earn impact separately ana Iaentuy temporary Impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/dtainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(F11tM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJ/www.fema¢ov.
*** List a wetland type that best describes wetland to be impacted {e.g., freshwater/saltwater marsh, .forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on m
Type of Impact* Length of
Impact
(lineaz feet)
Stream Name** Average Width
of Stream
Before Im act Peremual or
Intermittent?
leases eci )
Perm. 80 ft Gum Fork Creek 30 ft Perennial
Temp. 20

Llst each impact separately and Identify temporary unpacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation {include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the lineaz footprint for both the original and relocated stieams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us¢s.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
www.mapquestcom_ etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100'
-8-

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number

(indicate on ma)
T of Im act*
YPe p Area of
~ act
p
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)
None

List each impact sepaistety and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimised once the desired site plan was developed.. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
N/A
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
-9-

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Cazolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreagellineaz feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands~ Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wro/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (lineaz feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres}:
IX. Environmental Documentation (DWQ Only)
-10-

Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ® No ^
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)?
Note: If you aze not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be cleazly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Taz-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the.following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(s uare feet
Multiplier Required
Miti ation
1 3
2 1.5
Total
'~ Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
-11-

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (DWQ Only)
Describe impervious acreage. (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Neither the current impervious cover nor the new proposed impervious cover (asphalt pavement)
will exceed 30% of the total site area. Erosion control .devices appropriate to the site will be
utilized on this protect which may include silt fences, check dams and storm water retaining
basins.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. violations (DWQ only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H A500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agen~ Si~nature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
9 /o ~-
-12-

:: :, ~-~ .~
c :; , , ~,:; ~
. ~ u o ~
~ . ~~ E ;
~

`
t
_

~~ (O
' j ~ N~~ '~ ~`
e
~.
~ ~ t
.. ~ o

~ - - °oi
~.%...
~ - "~_ \

.\

i -
~ t
~. I
~ i ~ ~:-.
`
..1 ( w
~. ~ ' \~
_
}
/~
1

~\ `
~.•
j~
~ ''
'.r
r, ti, `/- j
tlt`
~~ O

M
:
~ i t

Q ~ yr, 1

~
}
~~ ~

- ~ ~. i _E
_ 7 ; ~ ;
:~
_
!~ ; .
~"
\ ''• `
` t
~-`
~~~~ ~ ~
~ `~"1r ~'~hs
~
~~ r Q ~,t r: ,: ~; ~
t ,
' ~
~ {}
~ ~~
~
;
~,. ~ ; ~ ~
j G fit:-.
1

. ~
~ ,~ , ~ .

~~

I

~-__~ .~
z
~ _ -tom'
;
ob t
~
t 1
}
'
t
!
'l
jj
.w•
_ -

- - .
'~
~~- - ~/ ~ ~ - .rl i*
.
~
3-D SopoQa~ds Copttiget 01991 DeWae IuaoatII, !01 01x96 source wu; asss 11000 R Scile: 1 : 25,000 Detul: 13-0 Drtta: f6Sl/

~L
N-
d
%/
W
A~
d
a
N
N
1
o~
z -.
~° ~. I
t
a
c~
~. ~;
{-1 + ~ I
I
~ "~
(~~ I
I
II
14~
~ II
'~
P I~
I~
ri
~i
a
Z
3
s
,-
w
~°
~,
0
W

l °°°
~ ~~ o o .~
c°o°o°o
°o
1
~,
~ ooooo°
O°O O„O
1 ~ °~
0 O
o ~
i
~ .,`,..oooo~
~ o 0
° ,-, . ~
P L.~'
°o
-ooo°ooo
o°o°o
I
I
N~ S~A~t
~~. ~ oy.,fy s R `4 a3 g~; dge~~
'D~ub1e 1'}' X t o' e o ~ ~ ~ ate BoX C u1v e r~'
Gum Fo~K ~~eeK
CLASS B RIP RAP
TYP.

~ 1. '
1 ~
' i ~ ~ i ~ V 'v
;.
I ~--~...~` '
L ~ ~~
--_'•~ __
a
is'X1~'
- _ ., ~,
I
i
~-
- ~~
•~~/

'_~~~ - _-
' ---~
~~;~y
• I~V~S+ALL Tcti1~. ~~:~W~ DIV'=~T ~~~:.A~1;1 ~ ! OW
i j, ,~cJ DIV`=c :ION 1-c' _.,
„ ~ AND ~ .4~„iC L1N_D C; 'A,ti~4`L~
2- ~ J~~ CONTAiN`J A~~.A TO SILT SAG.
j 3. CCHSTRtaCT CULVERT AND
c• n~UCV= ~ ~ ~AiCKFILL.
T ~'N. Or:A:~ 1 CN=;~ViCN D~IiC=~
iJRAWN ~~:
~a~~.
1~
~~ ~ ~ .
1
~r ;i
i~ .
TemPDrgr•
I
I I ~: ~~veg:at~ ~~Pe
' ~l A N'D j OCR
~! Fcbr; ~ 1. ; a, e d
i ~j C.~pnt~~,
~i ~
{ I i
~, f
j i ;ii
. j ~i
! 'I
i I ;1
i I 1111
I i it
j !!
1
I I !~
i~
1 ;i
_'
Q
NO SCAL=
s~~~r
~~
~, ~-C'• -L ----
~~_ ~. ee_ co~~ty sR~ya3 far-kt~
'D~-b1e 1y' x to' Conc.r~i'~ Box Culy~
Gvv*, ForK CreeY.

. .8
'ORARY ROCK
CHECK TYPE - A
TEMPORARY SILT FENCE
TEMPOR RY ONERSIGN CHANNEL
6vi ~NE;=
IMPERVIOUS DIKE ~
TEMPORARY ROCK
SEDIMENT DAM Ti'r°~, -
(Mev be used as S;illirq Ecsii;,!
TEMPORARY SILT DITCI
r '" ~. E ~fx FExCE wl; R
Cx_ ,' -ax0 DF d7EwIRE
-TSD-
}-------
-~ ~ ,~
-TSD' ~"
- - L - _ - - _ _ - - - - _ _ - .
L=
_;R PoL^^' CItT Na7eD
I
~.qY sILT DITCH ~~-E-
TEMPORARY ROCK
SILT CHECK TYPE - A
~,~
IMPERVIOUS DIKE
~r c: TEMPORARY ROC~~ ... ~~ _~~-_ ~ , I ;'.^~- ~!,
OP ~ ~MPCRARY R~~C, ~ ., _ _ '.i; =,^r;` Dart9
TYPE - B MAY ^~ _ ~ ~ jNG
u U~ _._, .~ ~'~L~ ,
~ASfn~ lF Nc ECE D.
0 p~'', O n ~ 1
~~ ~12r5~on
T~,UPO.
DEPART}SE\T OF
DR"(c~~~ OF
. .,u.;a
,~: ~,-,.T. ~~
Lie C o~~Y SR i4a3 --$~~a9e ~_ y_-
'I>avb~g lL}~ X 1p~ Concre~'e, QoX Cu~v4r~
C~~r., Fo~K C~eeK
~r ; - rPN
,'At PiT~
3--1~)~
~~. ---V _y --
-a vs ,
---_
~TSD-- ~ --------
TEMPORARY ROCK
~;~T ~HCCK ~ T ~ - .4
T4IPOR,w'~Y SlL~ FEN(_'E

TEMPORARY R.CCi;
SEDIMENT DAM TYr` -
1!~IPE,='/IOUs DIKE A ~ (Moy be used os Srii;'ing ~osir'
---- --
B?r?REL `l ~ BARREL '2
r- - _
~ ------- ./~'"TSD
TSB- ~ ~ .. .~. ~
ors ~ ``.~> jsp.~
- ~ '~ j ~i -~Sp~Y
--____ E-C-L ~E~E~C1f~-c_e __~~ ~E~e_E -~-____ __ y
1 ~ TEMPT=~.-,~ stcT DITC
\\ 14 x7 x3
~. 4' weir
;~ `-.
SILT r„ ,,-; . -, nE - A ~ ,
IMPS be usad os ~ Stilling Bosinl \ ~.
~ ~, !
i r~ ~ G(t :-OPK '~
=~_.- ~ , .
_/ 2 tom. I~
TEMPORARY ,ROCK -~ ~-TEMPORARY ROCK
SILT CHECK TYPE - A SILT CHECK TYPE - A
PHASE l:
t. CONSTRUCT EP,GSiO,N CONSTROL MEASURES (TEMPORARY SILT CHECK TYPE-A OR
ROCK SEDrarENT DAM TYPE-B MAY BE USED AS ST!L_-Nr, BAStN).
2.CONSTRUCT I,~rPERVICUS DIKE 'A' rSEE NOTE ON 1,41PE,RVIOUS DIKES av0 DNERT FLr~~_
3. CONSTRUCT BAh:,zcL ==.
NO! E: ,~ _ ,t/,=; ~ n,-; i' r~ G~ i~ SILT CHECK T ~ ,= `-- n

Op"~,o^ a -----Lee co~~-~y st2 ~ya3 8.-;ao~Q'~- ~}
'Dev-~~e 1~'~C 10' Concre'rQ. 8oX Cv,~ve~t
~7ur~ ~o~K CrQe,K

i.~+PER.!~?OUS DIKE lMOy be ~~sed as S,i;'ling G'osiN
!-- IMPERVIOUS 0/KE B
~~ / 14 x 7x3
~,
4' weir
SILT Ch'ECK -; ."~ - A .,
rM~^~ be used as Stilling Basinl ~ ~~
~O_ i Q _ ~SD
BARREL `I BARREL `2 ~ - -
i
---- ~ '
~~ _------T------ _ _ ~ -
------------------------- -5--±---- ----------------------- --- ~TSD
-~-
so ~ ~ ,
\ ~.~ jSD~~~SD~
j T EMFORARY S/LT DlT~
' ------ E--E-E E-E ` f
_ --E_E^__E--f f-[--E_E_~_f-_-__E_e~
TEMPORARY ROCK
TEMPORARY ROCK ~ ~ SILT CHECK 7YPE - ,~
SILT CHECK TYPE - A IMPERVIOUS DIKE B
PHASc c: -
I. CONSTRUC- iMPEr?VIOUS DIKES 'B' AND DIRECT FLOW Th'RU BARREL `l. PROJECT NO. 5•`
LEE
2. CONSTRUCT BAR=REL °l.
• ~ STATION: 10+13
3. COMPLETE CH.4Phb'._! S ,=;;;D REMOVE IMPERVIOUS DIKES. R=`-~'~ES E~P,ICGE U0.
D~?ARTMcNT OF TRANSPOR
=u?~
- '~r\ rte' I PIA
NOT:. -- „ ''~ . `.~; ~~~n1 FFcOM PL,~N G~~~~n;' ~~,~.~ / CUi_VER- C~iV SR i~2?
. _ _` - - _ :_ ~~ U~1 = ~`-~. CREED SE
' FOR ~,°PR ~ ~ ~
..~- ~'% ~i G~r,L E~ `!'~G ~~~C~~ ~R I~~'r LNG EJS
`!~ -
_. ,. ~ --_ a ~ .
o~:~-~.a -- ------ -L-ee co~~ty SR IL?a3 Br;dge-,~.,
Con'1r ~~ec~ ~ou~le ~y' X 1~' Co,r,c~efie. 6oX Cv-1ve~~I'
~ u~, ForK CreeK

~,~~~ : ~ 4,,m ~.», -~ ~ y,, ~.~.x ~~ tea.,
~ ~A
i < ~Y ~ < r kl Y!
~• k ' fire. ,p. ... Y _: ,~ y ~,
f'N d. ~a ~. "S S y 44
:5 ~ ~•: ~a~ x+r '
y,
9
{~} ~ i
as'
. h ', ..~14 ,y.~~
S~R~ _ .
.1. .SIR ~...~j ,~;
d
4 \ t`_
~~~k
~ ~ #'~ 3
J ~ Y
{~,~ ~~}} # TMPT
&It ~` F'"di J,7~ '~~ tlr lrr dlt` .~ ~:~ ~-~ti -
upstream
e_.
s >
.~ :;
`_'
~~~~
p~l
N ~ ~;Fi
V`.
A
~~ #
~~+t ~k' 'ac..'~7~ ~er,
Yy'A q
~ 1";
~MS.
N S~
` `e7F'Yi 6 ~@ 1,.
` 'fi 4
`~i ~ f
F
:.
~d~~ ~!
F
1f.~ ~
+l
r~ "
~,
j ~,
,i} ~~~ . ~~
Y~H, ~~„~
,~ : ~,:
{ A ~~ ~~ At .y~..
LL\
M ~y ~~~ ~
ate. ~. br~! Y-:Y~L
N -
5.k~'
# ~
./' ~ `~ ~i
A' ~~Y '.1 3$J

downstream
~1;~
N
_`' ~?~
~y
_.
~~.'~

4f DEep ~tver I i ~ ~ ~(1 fi ~
-~ ~ II , ~ ~ H~ah Sch ~ :'~ it A ' 1
~
~
3
~ r/~j/- A ~ ~ i ~
~ [ ~~.~i' ~~)
~~'` i ~ A~ -i.V
~l r ~ ~~~~-
. '~ ~ ~ ~
AV C l,__ ~~ ~ ,.~~,
~'-`
~3
5~Q
.~ ~~~-ill f-~ 1 ~ i`'~1~ ~~ ~~ ), }
_~IIfJ\` > -_- ~ \\ ~, \.',\•.~ `
~, Y~ ~\ ~~,~~, ~ f ~ ~~.
}
~, _i~{~~l Jn~
4 ~\.\~ \\` /rte ,j~ it ~i;r
.fie r ~ ~n{f ,t~ ~rl(~ ~r'~
', 77~'~8 ~ '•,~
~ :,I o
~~\ ' L~ ~\i ..'~\ \J \
~, ?~-- - ~ r ,~`'"~l ~r X61
~ _ r1~~ v ~v ~ 1~t ~l ~V °) fl ~ ~/ , ~ ~
,..

'fir, ~~~
` % ~~._~~
~~lr
j1`~+'
~
,
t i~- '~! r
-. ~ If ~1 v~. ~~ ~~t} ~~ ,~f~i ~~ r'~~~~-
1 \
~"
I
- ~ ~ ~;' r ~~i
'1
{ I
(
` ~ 1/
~r
~~'f ~l
i ~ ~f', E !' --
\ ~..
?
'
~ -'~// ( ~- 4~t\ ~~ ~ ~, \ ~~O ~l

\ T
~ ! 1 -~
N35 ~34 5
~V.r ! , \ n~• ~ ~ t ~ ~ -. r ! ~ - \1 ~ \l` r!r ', \ ~ i I -
J
~ ; ~
v~ ~_:
~ ,, ~,, ~ a. ~ , ,
, ,
_
~) h\ !i..L""
'
/ ~ ' ~ `
'`
;
fL`
~~ ~ C~~\\ ~
/ 1
' ( ~\. ~-.
` -~ r ?. ~~~aq~
"__ 1 /f `ti,~\ `
f Vim'
~
~ r
~
C
{
,: 1
.
` I \ ~ ~
tTtT ~ „
!
\l

`i f~
~-f~.. `250 ~T
~-~~
,-
\;
~ i \
C,\~n ~~.~~\./J
, _ . C
1 ~! ~` ~\
-, $
1 ~.'
,r~. ~. ~ S ~
- ~-. 'V--
_ __
~ _
__
Hu
-
,
, ~ _ ~. gs
- ~~ ~~ .fork '~ _ ~ ~, ;~~it~~ `~ ~f,_ ~ ~. ~'~ ~ ~ pp
;
r .
~
i
_ i r ~
~ r
`
~y
I ^,
~ ~.
X135 33.5' ~,~. - ~ ,
/--~-- -
i -c -
v
~
t v i

I ~' r ,fir ti'!~V',~
~~
~
~ °~., `" s ~~~1 j ~r~~, '''
~ j ' ' ~ ,~ ; ~i ,
~ ~ , ,~, '
~
' J - I ~ .
~ `,`y~v. ~',A r~j ~~ ~ i ~~ ,J ~ Osgood
j , .,J ~ ~ ~
`
~
\`
~ ~ \,
"\ ~ ~ \:~
ti
~1

U 3 ~'
\ : 1
Ui '
11 ~ ~
i ,
~~ ~ \,
,
t ~ ~I \ \
p1
tt
\
/
~ ~
~
N35~33 ' \ .. ~ _ ~

~ ~ .. - ~ `.~.` ~.J ~ _. ,

7
-
/'
{ , fit. ` ~
k ""'~

, t
+"-

f'
' r
/ ~ t ) ~ j
,
~ f
2 U
.'~ ~
~- _ , f
~
fr `

~
~

F
t j ~~ /~ ~~i:---.,' '-F` _ ~i
~, ~`_
~ i _
_._ ~ f R bl ;r
'i!J

1

r i f , `_
-- -
fir---_

_ -~-~ -

_ l

~r { .
~ r

r y
s
/~~ ` ~
} ~ , ~
V
!
3-D TopoQuads Copyright ®1999 DeLorme Yarmouth, M6 U9U90 source uata: uses r----~1uuu rt scale: i zo,uuu uerau : irv ua~um: ^vaaa

r ~Fo~
~'~
~ -...
STATE OF NORTH Cr1ROLIIvA
Q~c~~an~~
OCT 1 9 2004
DENR -WATER QUALITY
VYETtAMDS AND sTORMWATER BRANCH
DEPARTMENT OF TRANSPORTATION
~iicxAFT. F. E~sLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRET CRY
October 14, 2004
Richard K. Spencer cc: Mr. Rob Ridings
Regulatory Division NCDWQ
U.S. Army Corps of Engineers / ~I ~ 9 ~ 401 Wetlands Unit
P.O. Box 1890 ~ ~F 1 1650 Mail Service Center
Wilmington, NC 28402-1890 Raleigh, NC 27699-1650
Subject: Nationwide Permit #14& 33
SR-1423 Lee County
Project # B-4171(DWQ Permit Fee $20(1)
wd~ 33si ~
Mr. Spencer:
The North Cazolina Department of Transportation, Highway Division 8 is requesting Nationwide
Permit Number(s) 14 & 33 for project B-417I on SR 1423 (Farrell Rd.) in Lee County.
The proposed project will replace an existing deficient bridge as follows:
Site 1) Replace existing single span bridge with one double 14'x 10'x 60' concrete box culvert
The total percentage of impervious surface within the project area will remain at less than 30%.
All erosion control devices will be appropriate to the location and in compliance with the current
version of the NCDOT Best Management Practices manual.
There aze no wetlands, High Quality Waters or, Outstanding Resource Waters located within the project
areas. The bridge replacement is located on Gum Fork Creek, a class WS-IV stream within the Cape Fear
River basin. The total linear feet of the impacts for the project are listed within the PCN.
Due t4 the amount of anticipated flow, dewatering will be required at this site. Construction
will be done under dry conditions whenever possible. There were no threatened or endangered species
observed within the project area during the required minimum criteria check. Ail detours will be done
off site using local state roads.
If you require any additional information, please contact me. PAY I ~~ T
S' rely, RECEfVE~
G~!~~
Art C. Kmg
Division Enviro ntal Officer
Highway Division 8
cc: Tim Johnson, PE
Tim Welch, PE
P.O. BOA 1067, ABERDEEN NORTH C_-1ROLL\_~ 28315
PHONE [phone] F~-1~Y [phone]

.- .
~~~
Natural Resources Technical Report
Proposed Bridge Replacement
SR 1423, Bridge No. 4 over the Gum Fork
Lee County
TIP No. B-4171
State Project No. 8.2541001
FAP No. BRZ-1423(4)
D 3007
l8- ~~ ~-~
w5--i
Prepared for:
North Carolina Department of Transportation
Division of Highways
Project Development and Environmental Analysis Branch
Issued by:
Earth Tech, Inc.
701 Corporate Center Drive, Suite 475
Raleigh, North Carolina 27607
Earth Tech Project No. 46164
November 2001

< ~
Natural Resources Technical Report
Guns Fork, Lee Counh~, North Carolina
TABLE OF CONTENTS
SECTION .................................................................................................................. PAGE
1.0 INTRODUCTION ....................................................................................................1
1.1 Project Description ........................................................................................... 1
1.2 Methodology ..................................................................:..................................1
1.3 Terminology and Definitions ............................................................................ 2
1.4 Qualifications of the Principal Investigators .................................................... 2
2.0 PHYSICAL RESOURCES ...................................................................................... 3
2.1 Regional Characteristics ................................................................................... 3
2.2 Soils .................................................................................................................. 3
2.3 Water Resources ............................................................................................... 4
2.3.1 Physical Characteristics of Surface Waters .......................................... 4
2.3.2 Best Usage Classification ..................................................................... 5
2.3.3 Water Quality ....................................................................................... 5
2.3.3.1 General Watershed Characteristics ........................................... 5
2.3.3.2 Basin-wide Assessment Report ................................................ 5
2.3.3.3 Point Source Discharge Permits ............................................... 6
2.3.4 Summary of Anticipated Impacts .....:................................................... 6
3.0 BIOTIC RESOURCES ............................................................................................ 6
3.1 Terrestrial Communities ................................................................................... 7
3.1.1 Maintained Landscape Community .....:................................................ 7
3.1.2 Agricultural Land .................................................................................. 8
3.1.3 Riparian Strip ........................................................................................ 8
3.1.4 Mixed Pine-Hardwood Forest .............................................................. 8
3.2 Aquatic Communities ....................................................................................... 9
3.3 Summary of Anticipated Impacts ..................................................................... 9
3.3.1 Terrestrial Communities ....................................................................... 9
3.3.2 Aquatic Communities ......................................................................... 10
4.0 JURISDICTIONAL TOPICS ...............................................................................11
4.1 Waters of the United States ............................................................................ I 1
4.1.1 Characteristics of Wetlands and Surface Waters ................................ 11
4.1.2 Bridge Demolition .............................................................................. 11
4.1.3 Summary of Anticipated Impacts ....................................................... 12
4.1.4 Permits ................................................................................................ 12
4.1.5 Avoidance, Minimization, Mitigation ................................................ 13
4.2 Rare and Protected Species ............................................................................. 13
4.2.1 Species Under Federal Protection ....................................................... 13
4.2.2 Federal Species of Concern and State Status ...................................... 17
5.0 REF'ERENCES .......................................................................................................18
November 2G01
11

~c
Natural Resources Technical Report
Guni 1%ork, Lee County, North Carolina
TABLES
Table 1. Estimated Area of Impact to Terrestrial Communities ..................................... 10
Table 2. Species Under Federal Protection in Lee County ............................................. 14
Table 3. Federal Species of Concern in Lee County ....................................................... 17
FIGURES
Figure 1 -Vicinity Map ....................................................................................................... 2
Figure ? -Natural Communities ......................................................................................... 3
Note: Higl3lightedtextflendtes items not included in this. draft hat will ~be added later by
NCDOT personnel once alignments are developed.
iii
November 201

Natural Resources Technical Report
Gum Fork, Lee County, North Carolina
1.0 INTRODUCTION
This Natural Resources Technical Report is submitted to the North Carolina Department
of Transportation (NCDOT) preliminary to the preparation of a Categorical Exclusion
(CE) for the proposed project. The purpose of this technical report is to inventory,
catalog, and describe the various natural resources likely to be impacted by the proposed
action. The report also attempts to identify and estimate the likely consequences of the
anticipated impacts to these resources. These descriptions and estimates are relevant only
in the context of the preliminary design concepts. It may become necessary to conduct
additional field investigations should design parameters and criteria change.
1.1 Project Description
The proposed project involves the replacement of Bridge No. 4 on SR 1423, which spans
Gum Fork. The project is located in central Lee County about 5.7 miles
(9.3 kilometers [km]) north of Sanford, NC (Figure 1).
Insert alternatives are proposed for this project (Figure 2}
Alternate 1
Insert descriptionof Alternates here.
1.2 Methodology
Published information and resources were collected prior to the field investigation.
Information sources used to prepare this report include the following:
• United States Geological Survey (USGS) quadrangle map (Moncure, 1981).
• United States Fish and Wildlife Service (USFWS) National Wetlands Inventory
(NWI) Map (Moncure, 1995, Colon 1995).
• NCDOT aerial photograph of project area (1:1200).
• Soil Survey of Lee County (Soil Conservation Service, 1989).
• North Carolina Department of Environment and Natural Resources (NCDENR)
basin-wide assessment information (NCDENR, 1999).
• USFWS list of protected and candidate species.
• North Carolina Natural Heritage Program (NHP) files of rare species and unique
habitats.
Water resource information was obtained from publications posted on the World Wide
Web by NCDENR Division of Water Quality (DWQ). Information concerning the
occurrence of federally protected species in the study area was obtained from the USFWS
list of protected and candidate species (3/22/01), posted on the World Wide Web by the
Ecological Services branch of the USFWS office in North Carolina. Information
November 2001
1

Natural Resources Technical Report
Cum Fork, Lee Counm, North Carolina
concerning species under state protection was obtained from the NHP database of rare
species and unique habitats. NHP files were reviewed on June 29, 2001 for documented
sightings of species on state or federal lists and locations of significant natural azeas.
A general field survey was conducted along the proposed project route by Earth Tech
biologists on July 6, 2001 and August 1, 2001. Water resources were identified and their
physical chazacteristics were recorded. For the purposes of this study, a brief habitat
assessment was performed within the project azea of Gum Fork. Plant communities and
their associated wildlife were identified using a variety of observation techniques,
including active searching, visual observations, and identifying characteristic signs of
wildlife (sounds, tracks, scats, and burrows). Terrestrial community classifications
generally follow Schafale and Weakley (1990) where appropriate and plant taxonomy
follows Radford et al. (1968). Vertebrate taxonomy follows Rohde et al. (1994), Conant
et al. (1998), the American Ornithologists' Union (2001), Thorpe and Covich (1991), and
Webster et al. (1985). Vegetative communities were mapped using aerial photography of
the project site. Predictions regarding wildlife community composition involved general
qualitative habitat assessment based on existing vegetative communities.
Jurisdictional wetlands, if present, were delineated and evaluated based on criteria
established in the U.S. Army Corps of Engineers Wetlands Delineation Manual (USAGE,
1987). Wetlands were classified based on Cowardin et al. (1979).
1.3 Terminology and Definitions
For the purposes of this report, the following terms aze used for describing the limits of
natural resources investigations. "Study comdor" and "project area" denote an azea with a
width of 75 to 100 feet (22.9 to 30.5 m) along the full length of the project alignment.
The "project vicinity" is an area extending 1.0 mile (1.6 km) on all sides of the project
azea, and "project region" is an area equivalent in size to the area represented by a 7.5-
minute USGS quadrangle map (about 61.8 sq miles or 163.3 sq km) with the project
study azea occupying the central position. When referring to stream banks, "left bank"
and "right bank" are relative to an observer facing downstream.
1.4 Qualifications of the Principal Investigators
Investigator: George Lankford
Education M.S. Botany, North Carolina State University
Experience Staff Biologist, Earth Tech < 2 years
Expertise Licensed soil scientist, wetland delineation
Investigator: Heather Wallace
Education B.S. Ecology, Appalachian State University
Experience Staff Biologist, Earth Tech < 1 yeaz
Expertise Natural resources surveys, zoology
2
November 2001

k
Natural Resources Technical Report
Cum Fork, Lee Cnunh~, North Carolina
2.0 PHYSICAL RESOURCES
Soil and water resources that occur in the project area aze discussed with respect to
possible environmental concerns.
2.1 Regional Characteristics
The project area lies in the east central portion of North Cazolina within the Piedmont
physiographic province. Elevations in the project area are approximately 200 feet (61 m)
(National Geodetic Vertical Datum, 1929). The topography of the project vicinity is
rolling hills with broad floodplains extending from the stream banks.
The proposed project is in a rural azea in Lee County approximately 5.7 miles (9.3 km)
north of Sanford, NC. Lee County's major economic resources are agriculture,
manufacturing and industrial. The 2000 census population of Lee County was 49,040
(North Carolina Office of State Budget, Planning and Management 2000 Census Figures).
2.2 Soils
Information about soils in the project azea was taken from the Soil Survey of Lee County,
North Carolina (USDA 1989)). The map units in the project area aze Congaree silt loam,
Pinkston silt loam and Tetotum fine sandy loam. None of these are classified as hydric
soils by the NRCS. However, the Congaree soils aze considered to contain hydric
inclusions.
• Congaree silt loam is mapped along both banks of Gum Fork within the project azea.
This .soil is frequently flooded for brief periods. It is a well drained to moderately
well-drained soil occurring on the nearly level flood plains. Surface runoff is slow.
The seasonal high water table is at 2.4 to 4 feet (0.8 to 1.2 m) in winter and eazly
spring. Congaree soils may have some hydric inclusions (Wehadkee series) in lower
landscape positions along the floodplain.
• Pinkston silt loam, l5 to 40% slope, is mapped in the southern upland portion of the
project area. It is well drained with moderate permeability and occurs on the side
slopes adjacent to major drainageways. The seasonal high water table is greater than
6.0 feet (2 m), and aze never flooded. The depth to bedrock is 20 to 40 inches (0.5 to
1.0 m). Included in this mapping unit are areas of soils that have bedrock at a depth of
less than 20 inches (0.5 m).
• Tetotum fine sandy loam, 1 to 4% slope, is mapped in the northern portion of the
project along a high terrace. It occurs on low ridges and stream terraces. It is a
moderately well drained soil with moderate permeability and a high water capacity.
The seasonal high water table is at 1.5 to 2.5 feet (0.4 to 0.8 m) in winter. A
significant limitation of this soil is wetness and susceptibility to erosion.
November 201
3

r"
Natural Resources Technical Report
Gunn Fork, Lee Counh~, North Carolina
Site index is a measure of soil quality and productivity. The index is the average height,
in feet, that dominant and co-dominant trees of a given species attain in a specified
number of years (typically 50). The site index applies to fully-stocked, even-aged,
unmanaged stands. The soils in the project area have the following site indices:
• The Congaree soils have a .site index of 107 for yellow poplar (Liriodendron
tulipifera), 90 for lobolly pine (Pinus taeda), 100 for sweet gum (Liquidambar
styraciflua) and 95 for willow oak (Quercus phellos).
• The Pinkston soils have a site index of 60 for Virginia pine (Pinus virginiana) and 60
for southern red oak (Quercus falcata).
• The Tetotum soils have a site index of 88 for lobolly pine, 85 for sweet gum and 76
for southern red oak.
2.3 Water Resources
This section contains information concerning water resources likely to be impacted by the
proposed project. Water resources assessments include the physical characteristics likely
to be impacted by the proposed project (determined by field survey), best usage
classifications, and water quality aspects of the water resources. Probable impacts to
surface waters are also discussed, as well as means to minimize impacts.
2.3.1 Physical Characteristics of Surface Waters
The project is located in the Cape Fear River basin (CF07 sub-basin, HUC 030607). Gum
Fork originates about 3 miles (4.8 km) southwest of the project area. From the project
azea, the stream meanders in an easterly direction about 7.8 miles (12.5 km) to its
confluence with Copper Mine Creek to form Hughes Creek. Hughes Creek empties into
the Cape Fear River 4.3 miles (7 km) east of the project area.
Gum Fork is 5 to 10 feet (1.5 to 3 m) wide in the study area. It flows easterly at a right
angle to the project area passing under the SR 1423. Above the bridge the channel is
relatively straight and narrow. To the north is a large floodplain that is planted in corn to
within 10 feet of the stream. To the south is a maintained area, below the farm pond, with
a turf grass appeazance mowed 2 to 4 inches high. Herbaceous or short shrubby
vegetation is along the stream banks. Below the bridge, the channel meanders through a
pasture with similar riparian vegetation. From the project area Gum Fork meanders
easterly. The substrate of Gum Fork consists of sand and gravel with cobble. Rainfall had
been heavy prior to this site visit and there were indications that flooding of the adjacent
cornfield and pasture had recently occurred. The water was muddy the day of the site visit
and flow was moderate to fast. A second site visit on August 1, 2001 was conducted to
observe normal conditions. The water was murky and flow was sluggish. The water depth
ranged from about 3 to 5 feet (1 to 1.5 m).
4
November 2001

a
Natural Resources Technical Report
Gum Fork, Lee Counh~, North Carolina
Upstream about 100 feet from the bridge a small drainage channel enters Gum Fork from
the south. This drainage channel is the overflow from a small farm pond. This farm pond
has a very small watershed and is in an ephemeral drainage.
2.3.2 Best Usage Classification
Surface waters in North Carolina are assigned a classification by the DWQ that is
designed to maintain, protect, and enhance water quality within the state. Gum Fork
(Index # 18-4-7-2) is classified as a WS-IV water body (NCDENR, 2001). WS-IV waters
are generally in moderately to highly developed watersheds or Protected Areas. WS-IV
waters are those used as sources of water supply for drinking, culinary, or food processing
purposes for-those users where a WS-I, II or III classification is not feasible. There are no
restrictions on watershed development activities.
No waters classified as High Quality Water (HQW), Water Supplies (WS-I or
WS-II) or Outstanding Resource Waters (ORW) occur within 1.0 miles (1.6 km) of
the project study area.
2.3.3 Water Quality
This section describes the quality of the water resources within the project area. Potential
impacts to water quality from point and non-point sources are evaluated. Water quality
assessments are based upon published resource information and field study observations.
2.3.3.1 General Watershed Characteristics
The project area is in a forested, moderately developed watershed. The upland soils in
this watershed have a high risk of erosion. The northwest portion of the project area is a
cultivated field of corn. No other disturbances to the landscape were observed in the
immediate vicinity. Potential threats to stream quality in this area are agriculture and
development activities that would result in increased sediment and nutrient laden runoff.
2.3.3.2 Basin-wide Assessment Report
Basin-wide water quality assessments are conducted by the Environmental Sciences
Branch, Water Quality Section of the DWQ. The program has established monitoring
stations for sampling selected benthic macroinvertebrates, which are known to have
varying levels of tolerance to water pollution. An index of water quality can be derived
from the number of taxa present and the ratio of tolerant to intolerant taxa. Streams can
then be given a bioclassification ranging from Poor to Excellent.
There are no monitoring stations on Gum Fork.
November 2001
5

Natural Resources Technical Report
Gum Fork, Lee County, North Carolina
2.3.3.3 Point Source Discharge Permits
Point source discharges in North Carolina are permitted through the National Pollutant
Discharge Elimination System (NPDES) program administered by the DWQ. All
dischargers are required to obtain a permit to discharge. There are no permits issued to
discharge in Gum Fork as of July 2001 (NCDENR 2001).
2.3.4 Summary of Anticipated Impacts
Any action that affects water quality can adversely affect aquatic organisms. Temporary
impacts during the construction phases may result in long-term impacts to the aquatic
community. In general, replacing an existing structure in the same location with an off-
site detour is the preferred environmental approach. Bridge replacement at a new location
results in more severe impacts, and physical impacts are incurred at the point of bridge
replacement.
Project construction may result in the following impacts to surface water resources:
• Increased sediment loading and siltation as a consequence of watershed vegetation
removal, erosion, and/or construction.
• Decreased light penetration/water clarity from increased sedimentation.
• Changes in water temperature with vegetation removal.
• Changes in the amount of available organic matter with vegetation removal.
• Increased concentration of toxic compounds from highway runoff, construction
activities and construction equipment, and spills from construction equipment.
• Alteration of water levels and flows as a result of interruptions and/or additions to
surface and groundwater flow from construction.
Construction impacts may not be restricted to the communities in which the construction
activity occurs, but may also affect downstream communities. Efforts will be made to
ensure that no sediment leaves the construction site. NCDOT's Best Management
Practices for the Protection of Surface Waters will be implemented, as applicable, during
the construction phase of the project to ensure that no sediment leaves the construction
site.
The removal of the existing bridge has the potential to impact surface waters. NCDOT
Best Management Practices for Bridge Demolition and Removal will be adhered to
during the removal process. Further information concerning bridge demolition is found in
Section 4.1.2.
3.0 BIOTIC RESOURCES
Terrestrial and aquatic communities are included in the description of biotic resources.
Living systems described in the following sections include communities of associated
plants and animals. These descriptions refer to the dominant flora and fauna in each
November 2001
6

Natural Resources Technical Report
Guist Fork, Lee Counrl~, North Carolina
community and the relationships of these biotic components. Descriptions of the
terrestrial systems aze presented in the context of plant community classifications. These
classifications follow Schafale and Weakley (1990) where possible. They are also cross-
referenced to The Nature Conservancy International Classification of Ecological
Communities: Terrestrial Vegetation of the Southeastern United States (Weakley et al.,
1998), which has recently been adopted as the standard land cover classification by the
Federal Geographic Data Committee. Representative animal species that aze likely to
occur in these habitats (based on published range distributions) are also cited. Scientific
nomenclature and common names (when applicable) are used for the plant and animal
species described. Subsequent references to the same species aze by the common name
only.
3.1 Terrestrial Communities
Four terrestrial communities were identified within the project azea: a maintained
landscape community, agricultural land, a riparian strip, and a mixed pine-hazdwood
forest. (Fi~ire 2). Dominant faunal components associated with these terrestrial areas
will be discussed in each community description. Many species are adapted to the entire
range of habitats found along the project alignment, but may not be mentioned separately
in each community description.
3.1.1 Maintained Landscape Community
This community covers the azea along the road shoulders in the project area and the
maintained area around the farm pond. Species include bahiagrass (Paspalum notatum),
Bermuda grass (Cynodon dactylon), Japanese honeysuckle (Lonicera japonica), fescue
grass (Festuca sp.), and crab grass (Digitaria sp.). Lower on the shoulder and along the
ditches species are woodier and included trumpet vine (Campsis radicans), blackberry
(Rubus sp.), sweet gum, red maple (Ater rubrum), golden .rod (Solidago sp.) and winged
sumac (Rhus copallina).
The animal species present in these disturbed habitats are opportunistic and capable of
surviving on a variety of resources, ranging from vegetation to both living and dead
faunal components. Northern mockingbird (Mimus polyglottos), starling (Sturnus
vulgaris), and American robin (Turdus migratorius) are common birds that use these
habitats. The azea may also be used by the eastern cottontail (Sylvilagus floridanus),
raccoon (Procyon lotor), Virginia opossum (Didelphis virginiana), vazious species of
mice (Peromyscus sp.), eastern garter snake (Thamnophis sirtalis), and American toad
(Bufo americanus).
November 2001
7

Natural Resources Technical Report
Gum Fork, Lee. Counh~, North Carolina
3.1.2 Agricultural Land
This community occurs on the north side of Gum Fork and includes the cultivated
cornfield and pasture. Pasture species are primarily fescue and bahiagrass. Weedier
species common in the maintained community are also present in small numbers.
Species observed in this community were indigo bunting (Passerina cyanea), eastern
meadowlark (Sturnella magna), eastern bluebird (Sialia sialis), eastern kingbird
(Tyrannus tyrannus), and common yellowthroat (Geothlypis trichas). Other species that
may be expected here include American crow (Corvus brachyrhynchos), red-tailed hawk
(Buteo jamaicensis), great-horned owl (Bubo virginianus), southern five-lined skink
(Eumeces inexpectatus), and corn snake (Elaphe guttata guttata), raccoon, eastern harvest
mouse (Reithrodontomys humulis), and white-tailed deer (Odocoileus virginianus).
3.1.3 Riparian Strip
This community occurs in a narrow strip 10 to 20 feet (3 to 6 m) from each bank along
Gum Fork. The adjacent cornfield is cultivated to within 10 feet of the steam bank. It
appears to be maintained due to the low stature of woody species and the absence of tree
species greater than 4 feet (1.2 m). Species include silky dogwood (Cornus amomum),
elderberry (Sambucus canadensis), black willow (Salix nigra), Joe-pye-weed
(Eupatorium fistulosum), rushes (Juncus sp.), giant cane (Arundinaria gigantea),
knotweed (Polygala sp.), and old field aster (Aster pilosus). Because of the frequent
disturbance of this community does not fit any of the Schafale and Weakley community
classifications (1990). The TNC classification would be III.B.2.N.d.7 Salix nigra
Temporarily Flooded Shrubland Alliance.
Many birds and mammals that utilize this community are the same as found in the
maintained Landscape and Agricultural Land Communities as described in Sections 3.2.1
and 3.1.2. Animals that may be found here are tufted titmouse (Parus bicolor), Carolina
chickadee (Parus carolinensis), banded southern watersnake (Nerodia fasciata fasciata),
mole kingsnake (Lampropeltis triangulum elapsoides), and gray tree frog (Hyla
versicolor).
3.1.4 Mixed Pine-Hardwood Forest
This forest community is present on the southeastern side of the project. This community
is on a steeper upland topography and soils. This community is dominated by mature
loblolly pine (Pinus taeda), red maple, ash (Fraxinus sp.), willow oak (Quercus phellos),
and. sweet gum (Liquidambar styraciflua). The understory vegetation is open due to past
grazing and includes Japanese honeysuckle and scattered weedy herbaceous growth. This
community is similar in part to the Basic Oak -Hickory Forest, Mafic Substrate Variant,
in part (Schafale and Weakley 1990). The TNC equivalent is most likely I.B.2.N.a.27
Quercus alba - (Quercus rubra, Carya spp.) Forest Alliance.
Novernber 2001
8

Natural Resources Technical Report
Gum Fork, Lee Counh~, North Carolina
Species observed in this community were northern cardinal (Cardinalis cardinalis), pine
warbler (Dendroica pinus), and tufted titmouse. Other species that may be expected here
include Carolina chickadee, Carolina wren (Thryothorus ludovicianus), white spotted
slimy salamander (Plethodon cylindraceus), red spotted newt (Notophthalmus viridescens
viridescens), eastern kingsnake (Lampropeltss getula getula), ground skink (Scincella
lateralis), northern fence lizard (Sceloporus undulatus), and white-tailed deer.
3.2 Aquatic Communities
Within the project area, the Gum Fork is amid-gradient, second-order stream. The bed
material consists mostly of sand, gravel, and cobbles, with a small percentage of silt. On
the day of the initial site visit, the water was very high and muddy with suspended
sediment due to recent heavy rains. The day of the second site visit a normal flow was
observed. The water was murky with a sluggish flow. The riparian community is mostly
herbaceous and deciduous shrubs, and is described in Section 3.1.3.
Small fish and a number of frogs were observed but no aquatic vegetation was visible.
According to a communication from Sherri Bryant, District 5 Biologist for the WRC,
"there is no fishery survey for this creek. Gum Fork is a fairly small creek. It likely
supports a typical piedmont stream fishery including shiners, minnows, dace and
sunfish."
3.3 Summary of Anticipated Impacts
Project construction will have various impacts to-the previously described terrestrial and
aquatic communities. Any construction activities in or near these resources have the
potential to impact biological functions. This section quantifies and qualifies potential
impacts to the natural communities within the project area in terms of the area impacted
and the plants and animals affected. Temporary and permanent impacts are considered
here along with recommendations to minimize or eliminate impacts.
3.3.1 Terrestrial Communities
Terrestrial communities in the project area will be impacted permanently by project
construction from clearing and paving. Estimated impacts are based on the length of the
alternate and the entire study corridor width.
(Insert Description of Alternates Here)..
Table 1 describes the potential impacts to terrestrial communities by habitat type.
Because impacts are based on the entire study corridor width, the actual loss of habitat
will likely be less than the estimate.
November 20U1
9

Natural Resources Technical Report
Gum Fork, Lee Counm, North Carolina
(Insert Impacts here):
Table 1. Estimated Area of Impact to Terrestrial Communities
Area of Im act in Acres (Hectares)
Alternate 1 Alternate 2
Communi Tem ora Permanent Tem ora'' Permanent
Maintained Landsca e 0.00 (0.00)
A 'cultural Land 0.00 (Oa)0)
Ri arian Stri 0°00 i 0.001
Mixed Pine/Hardwood Forest 0:00 (Q:00)
Total Im act 0.00 ` (0.00)
Destruction of natural communities along the project alignment will result in the loss of
foraging and breeding habitats for the vazious animal species that utilize the area. Animal
species will be displaced into surrounding communities. Adult birds, mammals, and some
reptiles aze mobile enough to avoid mortality during construction. Young animals and
less mobile species, such as many amphibians, may suffer direct loss during construction.
The plants and animals that aze found in the upland communities are generally common
throughout western North Carolina.
Impacts to terrestrial communities, particularly in locations having steep to moderate
slopes, can result in the aquatic community receiving heavy sediment loads as a
consequence of erosion. Construction impacts may not be restricted to the communities in
which the construction activity occurs, but may also affect downstream communities.
Efforts should be made to ensure that no sediment leaves the construction site.
3.3.2 Aquatic Communities
Impacts to aquatic communities include fluctuations in water temperatures as a result of
the loss of riparian vegetation. Shelter and food resources, both in the aquatic and
terrestrial portions of these organisms' life cycles, will be affected by losses in the
terrestrial communities. The loss of aquatic plants and animals will affect terrestrial fauna
which rely on them as a food source.
Temporary and permanent impacts to aquatic organisms may result from increased
sedimentation although aquatic invertebrates may drift downstream during construction
and recolonize the disturbed azea once it has been stabilized. Sediments have the potential
to affect fish and other aquatic life in several ways, including the clogging and abrading
of gills and other respiratory surfaces, affecting the habitat by scouring and filling of
pools and riffles, altering water chemistry, and smothering different life stages. Increased
sedimentation may cause decreased light penetration through an increase in turbidity.
Wet concrete, which can be toxic to aquatic life, should not come into contact with
surface water during bridge construction. Potential adverse effects can be minimized
November 2001
10

Natural Resources Technical Report
Gum Fork, Lee Counh~, North Carolina
through the implementation of NCDOT Best Management Practices for Protection of
Surface Waters.
4.0 JURISDICTIONAL TOPICS
This section provides inventories and impact analyses for two federal and state regulatory
issues: "Waters of the United States" and rare and protected species.
4.1 Waters of the United States
Wetlands and surface waters fall under the broad category of "Waters of the United
States" as defined in 33 CFR § 328.3 and in accordance with provisions of Section 404 of
the Clean Water Act (33 U.S.C. 1344). These waters are regulated by the U.S. Army
Corps of Engineers (USAGE). Any action that proposes to dredge or place fill material
into surface waters or wetlands falls under these provisions.
4.1.1 Characteristics of Wetlands and Surface Waters
The Moncure and Colon, NC NWI maps shows two wetlands area mapped near the
project site. 1) A palustrine-unconsolidated-bottom-diked/impounded wetland is shown in
the southwest portion of the project area. This is a small farm/recreational pond. 2) An
emergent-persistent-seasonally flooded/well-drained wetland is shown approximately 500
feet (152 m) east of the project area. This area is beyond the project site limits. No
jurisdictional wetlands were observed in the project study area the day of the site visit.
Gum Fork meets the definition of surface waters, and is therefore classified as Waters of
the United States. The channel is 5 to 10 feet (1.5 to 3 m) wide within the project area.
4.1.2 Bridge Demolition
Demolition and removal of a highway bridge over Waters of the United States requires a
permit from the U.S. Army Corps of Engineers if dropping components of the bridge into
the water is the only practical means of demolition. Effective 9/20/99, this permit is
included with the permit for bridge reconstruction. The permit application henceforth
will require disclosure of demolition methods and potential impacts to the body of water
in the planning document for the bridge reconstruction.
Section 402-2 "Removal of Existing Structures" of NCDOT's Standard Specifications for
Roads and Structures stipulates that "excavated materials shall not be deposited....in
rivers, streams, or impoundments," and "the dropping of parts or components of
structures into any body of water will not be permitted unless there is no other practical
method of removal. The removal from the water of any part or component of a structure
shall be done so as to keep any resulting siltation to a minimum." To meet these
specifications, NCDOT shall adhere to Best Management Practices for the Protection of
Surface Waters, as supplemented with Best Management Practices for Bridge Demolition
and Removal.
November 2001
11

h
Natural Resources Technical Report
Gurn Fork, Lee County, North Carolina
In addition, all in-stream work shall be classified into one of three categories as follows:
Case 1) In-water work is limited to an absolute minimum, due to the presence of
Outstanding Resource Waters or threatened and/or endangered species, except for the
removal of the portion of the sub-structure below the water. The work is carefully
coordinated with the responsible agency to protect the Outstanding Resource Water or
T&E species.
Case 2) No work at all in the water during moratorium periods associated with fish
migration, spawning, and larval recruitment into nursery areas.
Case 3) No special restrictions other than those outlined in Best Management Practices
for Protection of Surface Waters and supplements added by the Bridge Demolition
document, dated 9/20/99.
Gum Fork is not known to provide habitat for aquatic species on the federal list of
threatened and endangered species. Therefore, Case 3 applies to the proposed
replacement of Bridge No. 4 over Gum Fork.
(Add'deseription of bridge Structure,and potential fill here.;)
Although large amounts of sediment were noted during the site visit, it appears to be from
upstream sources. The stream bed in the project area is sand and gravel with cobble.
Therefore, conditions in the stream do not raise sediment concerns and a turbidity curtain
is not recommended.
4.1.3 Summary of Anticipated Impacts
No wetlands were identified within the project area. Project construction cannot be
accomplished without infringing on surface waters. Anticipated surface water impacts fall
under the jurisdiction of the USACE and the DWQ. Within the project area, the Gum
Fork is at its largest width 10 feet (3 m) wide. Assuming a study corridor of 100 feet (30
m) for each side of the bridge, the construction of the new bridge will impact 200 linear
feet (60.6 m) of stream, and a total area of 2000 sq feet (185.8 sq m) of surface waters.
4.1.4 Permits
Impacts to jurisdictional surface waters are anticipated from the proposed project. Permits
and certifications from various .state and federal agencies may be required prior to
construction activities.
Construction is likely to be authorized by Nationwide Permit (NWP) No. 23, as
promulgated under 61 FR 65874, 65916; December 13, 1996. This permit authorizes
activities undertaken, assisted, authorized, regulated, funded, or financed in whole or in
12
November 2001

r
Natural Resources Technical Report
Gum Fork, Lee Cnunh~, North Carolina
part, by another Federal agency or department where that agency or department has
determined that, pursuant to the Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of the National Environmental Policy Act:
~ the activity, work, or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which
neither individually nor cumulatively have a significant effect on the human
environment; and
• the Office of the Chief Engineer has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
This project will also require a 401 Water Quality Certification or waiver thereof, from
the Department of Environment and Natural Resources (DENR) prior to issuance of the
NWP 23. Section 401 of the Clean Water Act requires that the state issue or deny water
certification for any federally permitted or licensed activity that results in a discharge into
Waters of the U.S. Final permit decision rests with the USACE.
4.1.5 Avoidance, Minimization, Mitigation
Because this project will likely be authorized under a Nationwide Permit, mitigation for
impacts to surface waters may or may not be required by the USACE. In accordance with
the Division of Water Quality Wetland Rules [15A NCAC 211 .0506 (h)] "Fill or
alteration of more than one acre of wetlands will require compensatory mitigation; and
fill or alteration of more than 150 linear feet of streams may require compensatory
mitigation." There are no wetland impacts associated with this project. A total of 200
linear feet (60.6 m) of Gum Fork are located within each side of the study corridor for the
proposed project. If the final length of stream impact is greater than 150 linear .feet
(45.6 m), compensatory mitigation may be required.
4.2 Rare and Protected Species
Some populations of plants and animals are declining either as a result of natural forces
or their difficulty competing with humans for resources. Rare and protected species listed
for Lee County, and any likely impacts to these species as a result of the proposed project
construction, are discussed in the following sections.
4.2.1 Species Under Federal Protection
Plants and animals with a federal classification of Endangered (E), Threatened (T),
Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions
of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended.
The USFWS lists 3 species under federal protection for Lee County as of March 23, 2001
(USFWS 2001). These species are listed in Table 2.
November 2001
13

Natural Resources Technical Report
Gum Fork, Lee Counh~, North Carolina
Table 2. Species Under Federal Protection in Lee County
Common Name cientific Name Federal
Status
Vertebrates
Ca e Fear shiner Notro is mekistocholas E
Red-cockaded wood ecker Picoides borealis E
Vascular Plants
H erella Ptilimnium nodosum E
Notes: E Endangered-A species that is threatened with extinction
throughout all or a significant portion of its range.
T Threatened-A species that is likely to become an endangered
species within the foreseeable future throughout all or a
significant portion of its range.
T S/A Similarity of Appearance-A species that is listed as threatened
due to similarit of a earance with other rare s ecies.
A brief description of the characteristics and habitat requirements of each species follows,
along with a conclusion regarding potential project impact.
Notropis mekistocholas(Cape Fear shiner)
Vertebrate Family: Cyprinidae
Federally Listed: 1987
Endangered
The Cape Fear shiner is a small, pale, silvery yellow fish, rarely exceeding 2 in (5
cm) in length, with a black band running along its sides. The fins are yellowish and
somewhat pointed. The upper lip is black, and the lower lip bears a thin black bar
along its margin. The Cape Fear shiner, unlike most other members of the large
genus Notropis, feeds extensively on plant material, and its digestive tract is
modified for this diet by having an elongated, convoluted intestine (USFWS 1991).
The species is generally associated with clean streams having a substrate of gravel,
cobble, and boulder substrates and has been observed to inhabit slow pools, riffles,
and slow runs. Side channels and pools with water of good quality and relatively low
silt loads are also needed. In these habitats, the species is typically associated with
schools of other related species, but it is never the numerically dominant species.
Juveniles are often found in slackwater, among large rock outcrops in midstream, and
in flooded side channels and pools (Pottern and Huish 1985).
Critical Habitat Designation:
Habitat is considered an important component in the conservation of endangered
species and is apre-requisite to eventual recovery. A geographic area containing
essential habitat needed for the conservation and recovery of an endangered species
14
November 2001

t
Natural Resources Technical Report
Guns Fork, Lee Counh~, North Carolina
is critical habitat. These areas are determined by the USFWS and the location of
critical habitat is published in the Federal Registry. The designated critical habitat is
identified as .follows: Approximately 4.1 miles of the Rocky River from North
Carolina State Highway 902 Bridge downstream to Chatham County Road 1010
Bridge; and approximately 0.5 river mile of Bear Creek, from Chatham County Road
2156 Bridge downstream to the Rocky River, then downstream in the Rocky River
(approximately 4.2 river miles) to the Deep River, then downstream in the Deep
River (approximately 2.6 river miles) to a point 0.3 river mile below the Moncure,
North Carolina, U.S. Geological Survey Gaging Station. Constituent elements
include clean streams with gravel, cobble, and boulder substrates with pools, riffles,
shallow runs and slackwater areas with large rock outcrops and side channels and
pools with water of good quality with relatively low silt loads. There is critical
habitat designation for the Cape Fear shiner in the Deep River in the northern part of
Lee County. Gum Fork flows into the Cape Fear River drainage about 1.9 miles (3
k) downstream of this critical habitat.
Biological Conclusion: No Effect
The substrate of Gum Fork .lacks boulders and is marginally suitable for the Cape
Fear .Shiner. Sediment loads are high, especially along the agricultural fields. A
search of the NHP records found no occurrence of this species within the project
vicinity. The Cape Fear shiner has been documented in the Deep River in northern
Lee County. Due to the lack of habitat and poor water quality it can be concluded
that the proposed project will have no effect on this federally listed species.
Picoides borealis (Red-cockaded woodpecker) Endangered
Family: Picidae
Federally Listed: 1970
The red-cockaded woodpecker is a small to medium sized bird 7.4 to 7.9 inches (18
to 20 cm) long with a wingspan of 14 to 15 inches (35 to 38 cm). The back and top
of the head are black. The cheek is white. Numerous small white spots arranged in
horizontal rows give aladder-back appearance. The chest is dull white with small
black spots on the side. Males and females look alike except males have a small red
streak above the cheek.
Among woodpeckers, the red-cockaded has an advanced social system. They live in
a group termed a clan. The clan may have from two to nine birds, but never more
than one breeding pair. The other adults are usually males and are called helpers.
The helpers are usually the sons of the breeding male and can be from 1 to 3 years
old. The helpers assist in incubating eggs, feeding young, making new cavities, and
defending the clan's area from other red-cockaded woodpeckers.
Roosting cavities are excavated in living pines, and usually in those which are
infected with a fungus producing red-heart disease. A clan nests and roosts in a
Novernber 2001
15

Natural Resources Technical Report
Cum Fork, Lee Counh~, North Carolina
group of cavity trees called a colony. The colony may have one or two cavity trees to
more than 12. In most colonies, all the cavity trees are within a circle about 1,500 ft
(450 m) wide. Open stands of pines with a minimum age of 80 to 120 years provide
suitable nesting habitat. Longleaf pines (Pinus palustris) are the most commonly
used, but other species of southern pine are also acceptable. Dense stands of pines,
or stands that have a dense hardwood understory are avoided. Foraging habitat is
provided in pine and pine hardwood stands 30 years or older with foraging
preference for pine trees 10 inches (25 cm) or larger in diameter. The woodpeckers
diet consists mainly of insects which includes ants, beetles, wood-boring insects, and
caterpillars.
Biological Conclusion: No Effect
No habitat exists in the project area for the red-cockaded woodpecker. The project
area does not have the open mature stand of pines that the red-cockaded woodpecker
needs. A search of the NHP database found no occurrence of this bird within the
project vicinity. It can be concluded that the project will not impact this endangered
species.
Ptilimnium nodosum (Harperella)
Family: Apiaceae
Federally Listed: 1988
Endangered
Harperella is an annual herb that grows to a height of 6 to 36 inches (0.2 to 1.0 m).
The leaves are hollow, quill-like structures. The small, white flowers occur in heads,
or umbels, not unlike those of Queen Anne's lace (Daucus carota). It is found in
pond and riverine habitats. Flowering begins in May in the pond habitats, late June or
July in the riverine habitats, and continues until frost. Seed set is apparently profuse
and populations in localized areas can achieve a high density and number of
individuals each year.
Harperella appears to prefer periodically disturbed sites. It typically occurs in two
habitat types: (1) rocky or gravel shoals and margins of clear, swift-flowing stream
sections; and (2) edges of intermittent pineland ponds in the coastal plain. It does not
compete well with other species without periodic disturbance.
Major factors contributing to the endangered status of this plant are its tolerance and
possible requirement of a very specific and unusual water regime. This includes
moderately intensive spring floods, which may reduce or eliminate competing
vegetation. Harperella is readily eliminated from its habitat by alterations of the
water regime resulting from impoundments, water withdrawal, and drainage or
deepening of ponds. Other factors such as siltation, pollution, and shoreline
development. also threaten harperella populations.
Novemher 2001
16

r
Natural Resources Technical Report
Cum Fork, Lee Counr,~, North Carolina
Biological Conclusion:
No Effect
No habitat exists in the project area for the harperella. The stream does not have clear
margins or rocky shoals and Gum Fork is a relatively slow flowing stream. A search
of the NHP database found no occurrence of this plant within the project vicinity. It
can be concluded that the project will not impact this endangered species.
4.2.2 Federal Species of Concern and State Status
Federal Species of Concern (FSC) are not legally protected under the Endangered Species
Act and are not subject to any of its provisions, including Section 7, until they are
formally proposed or listed as Threatened or Endangered. Table 3 includes .FSC species
listed for Lee County and their state classifications. There is no record of any of these
species within one mile of the project area in the NHS database. Organisms which are
listed as Endangered (E), Threatened (T), or Special Concern (SC) on the North Carolina
Natural Heritage Program list of Rare Plant and Animal Species are afforded state
protection under the State Endangered Species Act and the North Carolina Plant
Protection and Conservation Act of 1979. However, the level of protection given to state-
listed species does not apply to NCDOT activities.
Table 3. Federal Species of Concern in Lee County
Common Name Scientific Name State
Status Habitat
resent
Vertebrates
Carolina redhorse Moxostoma s . 2 ~ SR Y
Robust. redhorse Moxostoma robustum E Y
Vascular Plants
Bo s icebush Lindera subcoriacea E N
Carolina rass-of- arnassus Parnassia caroliniana E N
Georgia indigo-bush Amorpha georgiana var.
eor iana E N
Sandhills bo lil Lilium iridollae T N
Savanna cowbane Oxy olis ternata NL N
Sources: Amoroso, ed., 1997; LeGrand and Hall, eds., 1997
Key: T = Threatened, E =Endangered, SC =Special Concern, C =Candidate, SR =
Significantly Rare, NL = Not Listed
*=Historic record. The species was last observed in the county more than 50 years
ago.
**=Obscure record. The date and/or location of observation is uncertain.
No FSC were observed during the site visit and none are listed by NHP as occurring
within 2 miles (3.2 km) of the project area.
November 2001
17

•
Natural Resources Technical Report
Gum Forl~, Lee Counn~, North Carolina
5.0 REFERENCES
American Ornithologist's Union. "Birds of North America." The A.O. U. Check-list of
North American Birds Seventh Edition. http://www.aou.org/aou/birdlist.html#tina. (July
2001).
Amoroso, J.L., ed. 1999. Natural Heritage Program List of the Rare Plant Species of
North Carolina. North Carolina Natural Heritage Program, Division of Parks and
Recreation, North Carolina Department of Environment and Natural Resources. Raleigh,
North Carolina.
Conant, Roger and Joseph T. Collins. 1998. A Guide to the Reptiles and Amphibians of
Eastern and Central North America. Houghton Mifflin Company. Boston, New York
Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands
and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, Office of
Biological Services, FWS/OBS-79/31. U.S. Department of the Interior, Washington, DC.
Daniel, R.B., Buol, S.W., Kleiss, H.J., and Ditzler, C.A. 1999. Technical Bulletin 314-
Soil Systems in North Carolina. North Carolina State University, Soil Science
Department.
Environmental Laboratory. 1987. U.S. Army Corps of Engineers Wetlands Delineation
Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station,
Vicksburg, Mississippi.
LeGrand, H.E., Jr. and S.P. Hall, eds. 1999. Natural Heritage Program List of the Rare
Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of
Parks and Recreation, North Carolina Department of Environment and Natural
Resources. Raleigh, North Carolina.
North Carolina Department of Environment and Natural Resources (NCDENR). 1999.
Basin-Wide Assessment Report of the Cape Fear River Basin. Environmental Sciences
Branch, Water Quality Section, Division of Water Quality, Raleigh, North Carolina.
NCDENR. "Permits Database on Mainframe Computer." Water Quality Section, Division
of Water Quality (16 July. 2001).
NCDENR. "Water Quality Stream Classifications for Streams in North Carolina." Water
Quality Section. http://h2o.enr.state.nc.us/wghome.html (16 July 2001).
NCDENR. "Surface Freshwater Classifications Used in North Carolina." Surface
Freshwater Classifications Used in North Carolina
http://h2o.enr. state.nc.us/hiqualty.html.
18
November 2001

r
Natural Resources Technical Report
C.um Fork, Lee Cnunh~, North Carolina
North Carolina Office of State Budget, Planning, and Management. "State
Demographics." -http://www.ospl.state.nc.us/demog/
(5 July 2001).
Palmer, W.M., and A.L. Braswell. 1995. Reptiles of North Carolina. The University of
North Carolina Press, Chapel Hill, North Carolina.
Peterson, Roger Tory. 1980. Roger Tory Peterson Field Guides. A Field Guide to the
Birds. Eastern Birds. Fourth Edition. Houghton Mifflin Company, New York, New York.
Pottern, G.B., and M.T. Huish. 1986. Supplement to the Status Survey of the Cape Fear
Shiner (Notropis mekistocholas). U.S. Fish and Wildlife Service Contract No. 14-16-
0009-1522. 11 pp.
Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the
Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina.
Rohde, F.C., R.B. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the
Carolinas, Virginia, Maryland, and Delaware. University of North Carolina Press,
Chapel Hill, North Carolina.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of
North Carolina, Third Approximation. North Carolina Natural Heritage Program,
Division of Parks and Recreation, NCDENR, Raleigh, NC.
Thorpe, James H. and Alan P. Covich. 1991. Ecology and Classification of North
American Freshwater Invertebrates. Academic Press, Inc. San Diego, California.
United States Fish and Wildlife Service. "Region 4, Southeast Region/Endangered
Species." North Carolina Ecological Services. http://nc-es.fws.gov/ (August 2001).
United States Department of Agriculture, Soil Conservation Service. 1994. Soil Survey of
Harnett County, North Carolina.
Weakley A.S., K.D. Patterson, S. Landaal, M. Pyne and others, compilers. 1998.
International Classification of Ecological Communities: Terrestrial Vegetation of the
Southeastern United States. The Nature Conservancy, Southeast Regional Office,
Southern Conservation Science Department: Chapel Hill, NC.
Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas,
Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, North
Carolina.
November 2001
19

r 1~
~,.
~ w
/ r.a.w A ~
e~ X091 _
I706 ~•
~,
177 la7a ~ I.ee 3 I ,E?
8-4171~~ j ~: ~~ ,f
8-4172 ~ IWI
~ !
8-4173 '.
,

'`. /~ . I
, ~
9 1707 µ9a ,
~~

cc ~~ ~a 1
Iql
`,
Ia30 •.:~~~ ('~
\ ~ ~' ~ '~ `Qj~~' ~ m IAI I70(1 104 '~1~ 1723
<~ o~eoan.r , ~~~' ~
v
` ~ I' ~'~ r-
~ ••+ t Im
Irza
• sm.
. .~
~1~
?
` ooa
3
~ -
~
~
IKE Ii26
+S 17`l~ ~ 18CA fayla+
~ Gv~as6 •

a~f _
/ •i
'~ ~
le 1•+ 71769 Icy ~
~
~
~-1~ k 1
~ I~C3
103
e
tall • G' ,
MpO 130a ~ . y.~ M.waiti tiJ9
. a
Gv.vaY ~ -: I
=Y1
_
j ~ ~~'.
f .t.
~ .90 {
O ~'/~ ~x,1
~I r~l~
T
1<T
_/' \ N
i
/ .)r ~
_
1073
O/ R~ ~ 1 __ 1773
~ 17b
~ 7 r
~. C
h 14a' 1 6 ~~,,ggt~~ l`
® ~ la2a G"
_"' Imo'
LENOIR ~
!
1002 ,
Oapma
p /~. O COUNTY ~~
--~ __
'~
'
I01] - ~
N .® ~
ti - LeNOIR ~ s ~ ~
Il
~
~ `
calve, ~. ~
~
o ~ KINSTON
t
,a..,,,~ r ''~
Nn
~

+ j .
F ~ ~ ` O
~
` 3

SR 1423, BRIDGE #4, LEE COUNTY.
"~' NC 55, BRIDGE #9, LENOIR SR 1004, BRIDGE #6, LENOIR
REPLACE BRIDGE OVER ~'
REPLACE BRIDGE ~ COUNTY
COUNTY
REPLACE BRIDGE OVER GUM
FORK CREEK WITH CULVERT. " .
.
'`' -OVER JERICHO RUN. STONYTON CREEK
•3T4Jf rE F.C28v!$S'sJ~'i~2~/,'y~?gri• Jr` • •~a
y- ,,,9
,~
~~~j~~
L~~ ~sT"~'°v'~$ "T ~ `
w Y` 'A.•3iLx(~:

+~
~

•
I .
~,
'~
.V'. .~' C
:
lhi.
8-172

~y ,~h
:d
~ ~~~
~ i r
+~y s:~ ~i
~ ~ ~` ` ~;
v + ~ J N~ ~ rl ter., ..
y:
{ w
1 ~ ge
t ~ ~ •~ x «r4 i ,,J
~~,
~ ~/ ` -
V ~ ~ yy ~~ ~~~! eye •4 f ~ }•...
^Q FYI •' ~t,t' ~~

z, , . ~ ., 3 S ..}-- ~~ t r
.' T t
4.
!) i
~::,
P...
` i.
` `~
r ~R ~
s * ~ ~ ~ { y
_ ,r~yy A ~ ~ ~ , y p~ ~ ~~ s ! k~ ' ¢ e
'.~~a ;j~« "`"+ ? ar yyQ k,S ~ '. ~ t~ ~ta n i t„~ ;.~ ~';'_, *{ a+Nf`. a:,~Y'._ ~.
,. a ~2i "t!!t- Fp. s~ { ~'''~t U•,~+.-..~,, C. .. ~ i ~ , ~ ti Y 2~ ,ir o, +~v^V?w_.~
+~ 4 _r. "4aM 4! yIa.:.. _ Q ~ r~ 1 ~ ~` 5~ Y ~' 1 1` J.
.:.:.S iC ~.. ..p. ~`-~, ~'...._ :l,a....x &"u,r: ~? ti~...~ _ ~~; .~l e... ,$ ~_ i. _.. .e.. _.. ~r,• ~ifiio ~~~. .., r,o. ~ .-1 \ \~~ 1. ,.~~
..~,-a,
.~''x!+'rl~~'(a
* .. d,r
.`t
,r n ~,
y..,~t
i
~'s
`A ~ ~u._
~~-_
~.
..' ~' ~'!E;;'~3
`~Y~.
..~:~::.~51
1~
f ~Jy ey
.~
.„., r * ~ 1
T r ~~ ,+
".. / ;G6
•+~ ..
Ir
:~
i
L i
I
i ~) ~.

T. , _ ..
W,
~L`..
!5
t ~r

m~
m o
~ O
^ ~
O
U
N
} Z
^ ^
ti
~E 3
~ o
.~
•-
Q N
~ `~
'v ~
~ ~
m
~ m
.~ w
v
o }
0
r
m
w
a
.~ •m
c ~
a y p
dSSo
^~^
~`° m
a v m ~
I-T ~ m v
m r c, ~
U y N c
Z ~
~~ ~~
~~~ ~ '.
.~ 2D0~
~~_,
\2$31
> .Q
v ~ 'm
m
U'y~ T~
u°,a ~ °~
o w- ui
Q N y~ o•
~ ~, ~ U Y
U ~
C ~~L~ ~'
lC m N ~' N U
r m N ~ ~ N
U1 U N 'O ~_
m ~ ~ V V p
~ N w
°~~ ~ 3r d
m~ o.,*'w
av Trot
~ ~ c ~ m o
oy~~o~L
U._a v~Q o

N
~ ~ ~ ~
O 0 .~ ~ ~
k N N
~
U
N
'~O > ~
~o
Q U H ~
~
a Eb v: ~ o
`
O
" ~ ~
~ba
r
` Q
~ ~~
. zw°¢A
}
2
a
c
a~i
0'
m
..0
..~
,.~
D
1'`-
r1..I
v
0
.~
a
O
('~'
0
d
N
v
L
.a
a
a
a
a
.~
d
C
C
__ O
.~Q !
ro n
ry i
U_ t
li
m
n E '"
O T
z' m ~
o { C
a

p
N ~ n
~ o d
~ ~.
M
N coo ~ d
o O ~ y.
.AC +'~
~s ~*'
2 ~+
G ~
N°
N ~
(~
o r'
m
Q
(D
'~
(D
lD
~~-
P`~
CD
~ '.
Q
Q
(D
fn
N
~.
Q
N
~'.
i gin'
,, ~'
O
`X
`; ~
C
z
_~
m
0
m
O
D
r
^~_
'7 `'
__.~ ~
,' ~ f
~a*
.~
~"~^~
moo
3~~
~' ~co n
z ~
o ~
~ ~
m_
o cn
.D
v
ar