20110821 Ver 1_Mitigation Information_20111122

Strickland, Bev
From: Kulz, Eric
Sent: Tuesday, November 22, 2011 11:36 AM
To: Mcmillan, lan; Strickland, Bev
Subject: FW: Lyle Creek (UNCLASSIFIED)
Attachments: Lyle Creek NWP 27.pdf; NWP 27 with Conditions.pdf
FYI
Eric W. Kulz
Em ironmental Senior Specialist
N.C. Di�ision of Water Quali��
Wetlands Frogram De�elopment Unit
1650 MSC
Raleigh,NC 27699-1650
Phone: [phone] Please note this is a ne�v phone number
Fai: [phone]
E-mail correspondence to and from this address ma��be subject to the North Carolina Public Records La�v and ma�� be disclosed
to third parties
-----Original Message-----
From: Tug�vell,Todd SAW �mailto:Todd.TuQ�ve11'ci��,usace.armv.mill
Sent: Tuesda��,No�ember 22,2011 11:03 AM
To: John Hutton
Cc: Crumble��,T��ler SAW;Kichefslci, Ste�en L SAW;Kulz,Eric;Johnson,Alan
Subject: RE: L��le Creelc(LTNCLASSIFIED)
Classification: LTNCLASSIFIED
Ca�eats: NONE
John, attached is the permit for L��le Creelc. I ha�e also attached a cop��of the NWP 27 Nation�vide and Regional permit
conditions.
Please note in the permit that I included se�eral Special Conditions to deal�vith specific concerns that�ve had discussed on the
site. This includes adding a�egetation�igor standard,�vhich is the height standard that the ne�v monitoring guidelines�vill
soon adopt(a�erage height of 4 feet at��ear 3 and
8 feet at��ear 5). This applies to all�vetland areas. We discussed this in the field�vhen re�ie�ving the site, and it is actuall��
noted in��our Aug 18,2010 meeting minutes,included in the Mit plan. This standard is primaril��to deal�vith our concerns
o�er tree gro�vth in the creation areas, but it is appropriate in the restoration areas due to the eitent of grading. I also put in a
note that the�egetation performance standard at��ear 7 for�vetlands should be 210 stems/acre,not 200 stems/acre,�vhich is in
the mit plan.
Lastl��,there is a condition about malcing sure monitoring�vells are throughout the site. The plan sho�vs onl��a fe�v�vells, and
none in the creation area, but I could not tell if these�vere eiisting�vell locations used to get pre-construction data or proposed
�vell locations. Either��a��,there needs to be decent co�erage of the site�vith�vells,especiall��in the creation areas.
Please let me lcno�v if��ou ha�e an��questions.
Thanlcs,
Todd Tug�vell
Special Frojects Manager
Regulaton�Di�ision
Wilmington District
1

U.S. Arm�� Corps of Engineers
11405 Falls of Neuse Road
Walce Forest,NC 27587
(919) 846-2�64
We�vould appreciate��our feedbacic on ho�v�ve are performing our duties. Our automated Customer Ser�ice Sur�e��is located
at:
http://per2.n��p.usace.arm��.mi1/sur�ev.html Thanlc��ou for talcing the time to�isit this site and complete the sur�e��.
-----Original Message-----
From: John Hutton �mailto:jhuttom�i!��ildlandsen�.com1
Sent: Tuesda��,No�ember 22,2011 7:55 AM
To: Tug�vell, Todd SAW
Subject: L��le Creelc
Todd,
I�vanted to send��ou a quicic reminder on the L��le Creelc permit.
Thanlcs
John Hutton
Vice Fresident
Wildlands Engineering,Inc.
5605 Chapel Hill Road
Suite 122
Raleigh,NC 27607
Office: 919-851-9986
Cell: 919-723-8203
Please note m��ne�v e-mail address:jhutton�i��,�vildlandsen�.com<mailto:jhutton�i��,��ildlandsen�.com>
Classification: LTNCLASSIFIED
Ca�eats: NONE
2

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishinent of
tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal
streams and other non-tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishinent of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banlcs to restore
or establish stream meanders; the bacicfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non-tidal waters on the proj ect site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishinent activities conducted: (1)In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishinent agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (N1Vg'S), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establishinent actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or(3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur
1

within five years after expiration of a limited term wetland restoration or establishinent
agreement or permit, and is authorized in these circumstances even if the discharge occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NIVIFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of
the United States for the reversion of wetlands that were restored, enhanced, or established on
prior-converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishinent activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the permittee or the appropriate Federal or state agency must
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize any future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reportin�: For those activities that do not require pre-construction notification, the
permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement,
restoration, or establishinent agreement, or a project description, including project plans and
location map; (2)the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishinent action; or (3)the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following
activities:
(1) Activities conducted on non-Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishinent
agreement between the landowner and the U.S. FWS, NRCS, FSA, N1Vg'S, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishinent actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSM or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
2

NATIONWIDE PERMIT CONDITIONS
The followin� General Conditions must be followed in order for anv authorization bv a NWP to
be valid:
1. Navi�ation. (a)No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or worlc herein authorized, or
if, in the opinion of the Secretary of the Ariny or his authorized representative, said structure or
worlc shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural worlc or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawnin� Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. �ratorv Bird Breedin�Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Su�plv Intalces. No activity may occur in the proximity of a public water supply
intalce, except where the activity is for the repair or improvement of public water supply intalce
structures or adjacent bank stabilization.
8. Adverse Effects From linpoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
3

9. Mana�ement of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storin water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment(e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment worlcing in wetlands or mudflats must be placed on
mats, or other measures must be talcen to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any worlc below the ordinary high water marlc or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perforin worlc within waters of the United States during periods of low-flow or no-flow.
13. Removal of Teinporarv Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a"study river" for
possible inclusion in the systein 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 Parlc Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Ri�hts. No activity or its operation may impair reserved tribal rights, including,
but not limited tq reserved water rights and treaty fishing and hunting rights.
17. Endan�ered Species. (a)No activity is authorized under any NWP which is lilcely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act(ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized
4

under any NWP which"may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b)Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c)Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the proj ect, or if the proj ect is
located in designated critical habitat, and shall not begin worlc on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed worlc or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have"no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have"no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or N1Vg'S the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the"take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with"incidental talce" provisions, etc.)from the
U.S. FWS or the N1Vg'S, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act(NHI'A) have been satisfied.
(b)Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c)Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed worlc or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
5

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall malce a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
bacicground research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHI'A has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHI'A Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHI'A section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 1101c of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant whq
with intent to avoid the requirements of Section 106 of the NHI'A, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertalcing occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties lcnown to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Desi�nated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a)Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
6

20. Miti�ation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b)Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the lilcelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d)For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(� Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishinent, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g)Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
7

(h)Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individua1401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Mana�ement. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. R�e ional and Case-Bv-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete proj ect is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated banlc stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or worlc authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
8

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Coinpliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed worlc and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized worlc was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) Tiinin�. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to malce the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1)He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2)Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the proj ect,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or"no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act(see 33 CFR 330.4(�) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Alsq worlc cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
9

Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revolced only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1)Name, address and telephone numbers of the prospective permittee;
(2)Location of the proposed proj ect;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the proj ect will be minimal and to
determine the need for compensatory mitigation. Slcetches should be provided when necessary
to show that the activity complies with the terms of the N WP. (Slcetches usually clarify the
project and when provided result in a quicicer decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may aslc the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed worlc or utilize the designated critical habitat that may be affected by
the proposed worlc. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7)For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed worlc or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c)Form of Pre-Construction Notification: The standard individual permit application
form (Forin ENG 4345)may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1)through (7)
of this general condition. A letter containing the required information may also be used.
(d) A�encv Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
10

(2)For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide(e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer(SHPO) or Tribal Historic Preservation
Office(THPO), and, if appropriate, the N1Vg'S). 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
malcing a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revolced in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NIVIFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5)For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NIVIFS.
(e)District En�ineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the N WP 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 worlc. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
11

(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 proj ect 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 seelc
authorization under an individual permit; (2)that the proj ect is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or(3)that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no worlc in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Sin�le and Coinplete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Bes�t naar�a�enaer�t p��actices� (BMPs�): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Conaper�s�ato��v n�iti�atior�: The restoration, establishinent(creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Czz����er�tiv s`e�'viceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Dis�cha���e: The term "discharge" means any discharge of dredged or fill material.
Er�har�cenaer�t: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
12

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
E�henae��al s�tr�eana: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Es�tablis�hnaer�t(c��eatior�): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishinent results in a gain in aquatic resource area.
His�to��ic P��ope��tv: Any prehistoric or historic district, site(including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria(36 CFR part 60).
Ir�deper�der�t zztilitv: A test to determine what constitutes a single and complete proj ect 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
proj ect that depend upon other phases of the proj ect do not have independent utility. Phases of a
proj ect that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Ir�te��naitter�t s�t��eana: 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���ate��s�of the Ur�ited,States�: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. linpacts resulting
from activities eligible for exemptions under Section 404(f� of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Nor�-tidal���etlar�d: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
O�er����ate��: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water marlc can be determined. Aquatic vegetation within the area of standing or
13

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of"open waters" include rivers, streams, lakes, and ponds.
O��dir�a�;v Hi�h Wate��Ma��k: An ordinary high water marlc is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Pe��enr�ial s�t��eana: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
P��acticable: Available and capable of being done after talcing into consideration cost,
existing technology, and logistics in light of overall project purposes.
P��e-cor�s�t��zzctior� r�oti�catior�: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
worlc and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the proj ect proponent wants confirmation that the activity is authorized by
nationwide permit.
P��es�e��vatior�: The removal of a threat tq or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-es�tabJis�hnaer�t: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning naturaUhistoric functions to a former aquatic
resource. Re-establishinent results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitatior�: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing naturaUhistoric functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Res�to��atior�: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning naturaUhistoric functions to a former or degraded aquatic resource.
For the purpose of tracicing net gains in aquatic resource area, restoration is divided into two
categories: re-establishinent and rehabilitation.
Riff7e ar�d pool conaplex: 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 streain velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Ripa��iar�a��eas�: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
14

which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
,Shell�s�h s�eedir��: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
,Sir��le ar�d conaplete p��o�ect: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a"single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lalce, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
,Sto��na���ate��naar�a�enaer�t: Stormwater management is the mechanism for controlling
storinwater 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.
,Sto��na���ate��naar�a�enaer�t facilities�: Storinwater management facilities are those facilities,
including but not limited tq stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of storinwater runoff.
,St��eana bed: The substrate of the stream channel between the ordinary high water marlcs.
The substrate may be bedrocic or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marlcs, are not
considered part of the stream bed.
,St��eana char�r�eJizatio�r: The manipulation of a streain's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
,St��zzctzz��e: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat docic, boat ramp, wharf, dolphin, weir,
boom, breakwater, bullchead, revetment, riprap,jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal���etlar�d: A tidal wetland is a wetland (i.e., water of the United States)that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f�, respectively. Tidal waters rise and fall in a predictable and
measurable rhythin 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
rhythin due to maslcing by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
15

ye�etated s�hallo���s�: 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.
Wate��bodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water marlc(OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area(see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit(see 33 CFR
328.4(c)(2)). Examples of"waterbodies" include streams, rivers, lalces, ponds, and wetlands.
16

REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval froin NCDMF or NCWRC and the Corps.
L2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NIVIFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherolcee, Forsyth, Grahain, Haywood,
17

Henderson, Jackson, Macon Mecldenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endan�ered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
http://www.saw.0 sace.arinv.mil/wetland s/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Ariny Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stolces Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richinond, Montgomery, Randolph, Guilford, and Rocicingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or"Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or"Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
18

2.3. Coastal Area Management Act (CAMA)Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act(CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office—P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office—P.O. Box
1000, Washington, NC 27889).
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a"Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina(Michael P. Schafale and
Alan S. Wealdey, 1990), are subjectto this regional condition.
Mountain Bo s Piedmont Bo s
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(S ruce Subt e)
Southern Appalachian Bog
(Northern Subt e)
Southern Appalachian Bog
(Southern Subt e)
Southern A alachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five(25) designated trout counties of North Carolina, the applicant shall comply with
19

Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of worlc, a delineation of wetlands, a discussion of alternatives to worlcing in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region Alleghany Caldwell Watauga
Coordinator
3855 Idlewild Road Ashe Mitchell Willces
Kernersville, NC 27284-9180 Ave� Stolces
Tele hone: [phone] Burlce Sur
Mr. Dave McHen�
Mountain Re ion Coordinator Buncombe Henderson Pollc
20830 Great Smolcy Mtn. Cherolcee Jacicson Rutherford
Expressway
Wa nesville, NC 28786 Cla Macon Swain
Tele hone: [phone] Graham Madison Trans lvania
Fax. [phone] Ha wood McDowell Yance
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 3001inear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 3001inear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
20

3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 1501inear feet of perennial and/or
ephemeral/intermittent streain, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
1501inear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/intermittent streain, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the N WP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for banlc stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted worlc plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
tq granite, marl, or brolcen concrete.
21

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, banlcfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act(CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Ptioa�ray
�ulvert buried
Appr�aa�h Fill Baxtkfall b�low s��tribed
tio appmpriatie
d�ept�i f ifnequined).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
22

3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and Apri130 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #27—Aquatic Habitat Restoration,
Establishinent, and Enhancement Activities.
4.1 If you are under contract to the North Carolina Ecosystein Enhancement Program (NCEEP)
and are supplying a Pre-construction Notification (PCN)for impacts associated with a mitigation
project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter
from the NCEEP stating that they have reviewed and approved your restoration plan.
23

NC DIVISION OF WATER QUALITY- GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at(919) 733-1786 or access the following website:
http://h2o.enr.state.nc.us/ncwetlands/certs.html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherolcee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.0 sace.army.mil/WETLAND S/NWP2007/EBCI-certs.html
Citations•
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register/Vol. 72, No. 88 / Tuesday, May 8,
2007 /Notices p.26082
2007 SAW Regional Conditions—Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.0 sace.army.mil/WETLAND S/NWP2007/nationwide-permits.html
24

25

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishinent of
tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal
streams and other non-tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishinent of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banlcs to restore
or establish stream meanders; the bacicfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non-tidal waters on the proj ect site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishinent activities conducted: (1)In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishinent agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (N1Vg'S), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establishinent actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or(3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur
1

within five years after expiration of a limited term wetland restoration or establishinent
agreement or permit, and is authorized in these circumstances even if the discharge occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NIVIFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of
the United States for the reversion of wetlands that were restored, enhanced, or established on
prior-converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishinent activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the permittee or the appropriate Federal or state agency must
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize any future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reportin�: For those activities that do not require pre-construction notification, the
permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement,
restoration, or establishinent agreement, or a project description, including project plans and
location map; (2)the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishinent action; or (3)the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following
activities:
(1) Activities conducted on non-Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishinent
agreement between the landowner and the U.S. FWS, NRCS, FSA, N1Vg'S, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishinent actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSM or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
2

NATIONWIDE PERMIT CONDITIONS
The followin� General Conditions must be followed in order for anv authorization bv a NWP to
be valid:
1. Navi�ation. (a)No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or worlc herein authorized, or
if, in the opinion of the Secretary of the Ariny or his authorized representative, said structure or
worlc shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural worlc or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawnin� Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. �ratorv Bird Breedin�Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Su�plv Intalces. No activity may occur in the proximity of a public water supply
intalce, except where the activity is for the repair or improvement of public water supply intalce
structures or adjacent bank stabilization.
8. Adverse Effects From linpoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
3

9. Mana�ement of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storin water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment(e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment worlcing in wetlands or mudflats must be placed on
mats, or other measures must be talcen to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any worlc below the ordinary high water marlc or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perforin worlc within waters of the United States during periods of low-flow or no-flow.
13. Removal of Teinporarv Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a"study river" for
possible inclusion in the systein 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 Parlc Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Ri�hts. No activity or its operation may impair reserved tribal rights, including,
but not limited tq reserved water rights and treaty fishing and hunting rights.
17. Endan�ered Species. (a)No activity is authorized under any NWP which is lilcely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act(ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized
4

under any NWP which"may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b)Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c)Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the proj ect, or if the proj ect is
located in designated critical habitat, and shall not begin worlc on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed worlc or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have"no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have"no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or N1Vg'S the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the"take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with"incidental talce" provisions, etc.)from the
U.S. FWS or the N1Vg'S, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act(NHI'A) have been satisfied.
(b)Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c)Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed worlc or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
5

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall malce a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
bacicground research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHI'A has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHI'A Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHI'A section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 1101c of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant whq
with intent to avoid the requirements of Section 106 of the NHI'A, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertalcing occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties lcnown to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Desi�nated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a)Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
6

20. Miti�ation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b)Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the lilcelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d)For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(� Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishinent, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g)Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
7

(h)Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individua1401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Mana�ement. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. R�e ional and Case-Bv-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete proj ect is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated banlc stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or worlc authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
8

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Coinpliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed worlc and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized worlc was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) Tiinin�. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to malce the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1)He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2)Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the proj ect,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or"no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act(see 33 CFR 330.4(�) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Alsq worlc cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
9

Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revolced only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1)Name, address and telephone numbers of the prospective permittee;
(2)Location of the proposed proj ect;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the proj ect will be minimal and to
determine the need for compensatory mitigation. Slcetches should be provided when necessary
to show that the activity complies with the terms of the N WP. (Slcetches usually clarify the
project and when provided result in a quicicer decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may aslc the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed worlc or utilize the designated critical habitat that may be affected by
the proposed worlc. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7)For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed worlc or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c)Form of Pre-Construction Notification: The standard individual permit application
form (Forin ENG 4345)may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1)through (7)
of this general condition. A letter containing the required information may also be used.
(d) A�encv Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
10

(2)For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide(e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer(SHPO) or Tribal Historic Preservation
Office(THPO), and, if appropriate, the N1Vg'S). 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
malcing a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revolced in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NIVIFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5)For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NIVIFS.
(e)District En�ineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the N WP 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 worlc. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
11

(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 proj ect 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 seelc
authorization under an individual permit; (2)that the proj ect is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or(3)that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no worlc in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Sin�le and Coinplete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Bes�t naar�a�enaer�t p��actices� (BMPs�): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Conaper�s�ato��v n�iti�atior�: The restoration, establishinent(creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Czz����er�tiv s`e�'viceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Dis�cha���e: The term "discharge" means any discharge of dredged or fill material.
Er�har�cenaer�t: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
12

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
E�henae��al s�tr�eana: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Es�tablis�hnaer�t(c��eatior�): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishinent results in a gain in aquatic resource area.
His�to��ic P��ope��tv: Any prehistoric or historic district, site(including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria(36 CFR part 60).
Ir�deper�der�t zztilitv: A test to determine what constitutes a single and complete proj ect 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
proj ect that depend upon other phases of the proj ect do not have independent utility. Phases of a
proj ect that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Ir�te��naitter�t s�t��eana: 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���ate��s�of the Ur�ited,States�: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. linpacts resulting
from activities eligible for exemptions under Section 404(f� of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Nor�-tidal���etlar�d: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
O�er����ate��: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water marlc can be determined. Aquatic vegetation within the area of standing or
13

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of"open waters" include rivers, streams, lakes, and ponds.
O��dir�a�;v Hi�h Wate��Ma��k: An ordinary high water marlc is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Pe��enr�ial s�t��eana: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
P��acticable: Available and capable of being done after talcing into consideration cost,
existing technology, and logistics in light of overall project purposes.
P��e-cor�s�t��zzctior� r�oti�catior�: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
worlc and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the proj ect proponent wants confirmation that the activity is authorized by
nationwide permit.
P��es�e��vatior�: The removal of a threat tq or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-es�tabJis�hnaer�t: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning naturaUhistoric functions to a former aquatic
resource. Re-establishinent results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitatior�: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing naturaUhistoric functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Res�to��atior�: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning naturaUhistoric functions to a former or degraded aquatic resource.
For the purpose of tracicing net gains in aquatic resource area, restoration is divided into two
categories: re-establishinent and rehabilitation.
Riff7e ar�d pool conaplex: 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 streain velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Ripa��iar�a��eas�: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
14

which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
,Shell�s�h s�eedir��: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
,Sir��le ar�d conaplete p��o�ect: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a"single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lalce, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
,Sto��na���ate��naar�a�enaer�t: Stormwater management is the mechanism for controlling
storinwater 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.
,Sto��na���ate��naar�a�enaer�t facilities�: Storinwater management facilities are those facilities,
including but not limited tq stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of storinwater runoff.
,St��eana bed: The substrate of the stream channel between the ordinary high water marlcs.
The substrate may be bedrocic or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marlcs, are not
considered part of the stream bed.
,St��eana char�r�eJizatio�r: The manipulation of a streain's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
,St��zzctzz��e: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat docic, boat ramp, wharf, dolphin, weir,
boom, breakwater, bullchead, revetment, riprap,jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal���etlar�d: A tidal wetland is a wetland (i.e., water of the United States)that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f�, respectively. Tidal waters rise and fall in a predictable and
measurable rhythin 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
rhythin due to maslcing by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
15

ye�etated s�hallo���s�: 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.
Wate��bodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water marlc(OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area(see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit(see 33 CFR
328.4(c)(2)). Examples of"waterbodies" include streams, rivers, lalces, ponds, and wetlands.
16

REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval froin NCDMF or NCWRC and the Corps.
L2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NIVIFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherolcee, Forsyth, Grahain, Haywood,
17

Henderson, Jackson, Macon Mecldenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endan�ered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
http://www.saw.0 sace.arinv.mil/wetland s/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Ariny Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stolces Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richinond, Montgomery, Randolph, Guilford, and Rocicingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or"Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or"Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
18

2.3. Coastal Area Management Act (CAMA)Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act(CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office—P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office—P.O. Box
1000, Washington, NC 27889).
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a"Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina(Michael P. Schafale and
Alan S. Wealdey, 1990), are subjectto this regional condition.
Mountain Bo s Piedmont Bo s
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(S ruce Subt e)
Southern Appalachian Bog
(Northern Subt e)
Southern Appalachian Bog
(Southern Subt e)
Southern A alachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five(25) designated trout counties of North Carolina, the applicant shall comply with
19

Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of worlc, a delineation of wetlands, a discussion of alternatives to worlcing in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region Alleghany Caldwell Watauga
Coordinator
3855 Idlewild Road Ashe Mitchell Willces
Kernersville, NC 27284-9180 Ave� Stolces
Tele hone: [phone] Burlce Sur
Mr. Dave McHen�
Mountain Re ion Coordinator Buncombe Henderson Pollc
20830 Great Smolcy Mtn. Cherolcee Jacicson Rutherford
Expressway
Wa nesville, NC 28786 Cla Macon Swain
Tele hone: [phone] Graham Madison Trans lvania
Fax. [phone] Ha wood McDowell Yance
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 3001inear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 3001inear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
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3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 1501inear feet of perennial and/or
ephemeral/intermittent streain, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
1501inear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/intermittent streain, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the N WP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for banlc stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted worlc plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
tq granite, marl, or brolcen concrete.
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3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, banlcfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act(CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Ptioa�ray
�ulvert buried
Appr�aa�h Fill Baxtkfall b�low s��tribed
tio appmpriatie
d�ept�i f ifnequined).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
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3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and Apri130 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #27—Aquatic Habitat Restoration,
Establishinent, and Enhancement Activities.
4.1 If you are under contract to the North Carolina Ecosystein Enhancement Program (NCEEP)
and are supplying a Pre-construction Notification (PCN)for impacts associated with a mitigation
project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter
from the NCEEP stating that they have reviewed and approved your restoration plan.
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NC DIVISION OF WATER QUALITY- GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at(919) 733-1786 or access the following website:
http://h2o.enr.state.nc.us/ncwetlands/certs.html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherolcee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.0 sace.army.mil/WETLAND S/NWP2007/EBCI-certs.html
Citations•
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register/Vol. 72, No. 88 / Tuesday, May 8,
2007 /Notices p.26082
2007 SAW Regional Conditions—Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.0 sace.army.mil/WETLAND S/NWP2007/nationwide-permits.html
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