SW8030321_HISTORICAL FILE_20030606

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
617,
SWSV
DOC TYPE
❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE-1LPJ�JL��¢O�p
YYYYMMDD

State Stormwater Management Systems
Permit No. SW8 030321
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Coastal Federal Bank
Coastal Federal Bank — Shallotte, NC
Brunswick County
FOR THE
construction, operation and maintenance of wet detention pond in compliance with the provisions
of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications and other supporting data as attached and on
file with and approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until June 6, 2013, and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet. The stormwater control has
been designed to handle the runoff from 29,307 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans. The built -upon area for the future development is limited
to 29,307 square feet.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system. A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area.
K

State Stormwater Management Systems
Permit No. SW8 030321
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Coastal Federal Bank — Shallotte, NC
Permit Number:
SW8 030321
Location:
Brunswick County
Applicant:
Ms. Susan Cooke
Mailing Address:
Coastal Federal Bank
2619 Oak Street
Myrtle Beach, SC 29577
Application Date:
May 29, 2003
Receiving Stream/River Basin:
Woodward Branch / Lumber
Stream Index Number:
LBR59 15-25-2-8
Classification of Water Body:
"C Sw HQW"
Drainage Area, acres:
1.68
Onsite, sq. ft.:
73,339
Offsite, sq. ft.:
0
Total Impervious Surfaces, sq. ft.:
29,307
Pond Depth, feet:
3.75
TSS removal efficiency:
90% (no filter is required)
Permanent Pool Elevation, FMSL:
13.5
Permitted Surface Area, sq. ft.:
3308@Permanent Pool
Permitted Storage Volume, cubic ft.:
4418
Temporary Storage Elevation, FMSL:
14.25
Controlling Orifice:
1.0 (drawdown in 2-5 days)
Permitted Forebay Volume, cubic ft.:
990
3

State Stormwater Management Systems
Permit No. SW8 030321
If. SCHEDULE OF COMPLIANCE
l . The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at optimum efficiency. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
C. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader,
catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
S. Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall
become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification. A modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
9. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
C. Further subdivision, acquisition, or sale of all or part of the project area. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
4

State Stormwater Management Systems
Permit No. SW8 030321
10. The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction. If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction.
11. A copy of the approved plans and specifications. shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
12. At least 30 days prior to the sale or lease of any portion of the property, the permittee
shall notify DWQ and provide the name, mailing address and phone number of the
purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be
granted in favor of the permittee if access to the stormwater facilities will be restricted by
the sale or lease of any portion of the property.
13. The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system.
14. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional runoff
from outside of the permitted drainage area boundary may enter the permitted stormwater
facilities without first applying for and receiving a permit modification.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event of a change of owership, or a name change, the penmittee must submit a formal
pen -nit transfer request to the Division of Water Quality, accompanied by a completed
name/ownership change form, documentation from the parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved. The permittee is responsible
for compliance with all permit conditions until such time as the Division approves the
transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.

State Stormwater Management Systems
Pen -nit No, SW8 030321
Coastal Federal Bank — Shallotte, NC
Stormwater Pen -nit No. SW8 030321
Brunswick County
Designer's Certification
as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/weekly/full time)
the construction of the project,
(Prof ect)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
7

State Stormwater Management Systems
Permit No. SWS 030321
Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days.
Permit issued this the 6th day of June, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,�
Alan W. Klimek, P.E., Director
4-01 Division of Water Quality
By Authority of the Environmental Management Commission
C

State Stormwater Management Systems
Permit No. SW8 030321
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of
built -upon area.
3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outletibypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of
the system.
_10. The permitted amounts of surface area and/or volume have been provided.
_11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a
forebay.
14. The overall dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections

O�0F W ATEyQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
D < Alan W. Klimek, P.E.,Director
Division of Water Quality
May 19, 2003
Ms. Susan Cooke, Sr. Vice President
Coastal Federal Bank
2619 Oak Street
Myrtle Beach, SC 29577
Subj ect: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 030321
Coastal Federal Bank — Shallotte, NC
Brunswick County
Dear Ms. Cooke:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Coastal Federal Bank -- Shallotte, NC on March 26, 2003, A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue the
stormwater review:
1. Please provide a copy of the approval to fill the wetlands. ✓
2. Please provide original initiaii nations on the design requiremen and maintenance
agreement. The forms look like they contain photocopies.
Please provide bearings and dimensions on the property lines. ,.-,
4. Please provide some more spot elevations at the entrance on Smith Avenue and White
Street. It appears that you may not be directing all the built -upon area to the pond.
Please provide more information on the types of wetland species to be planted on the
pond shelf. ✓ \
Please provide a note on the plans stating that all roof drains must be directed to the pond. ✓
7. Please provide a detail of the curb and gutter.
8. The permanent pool must maintain a 3' depth at all times. Please revise your
maintenance agreement to reflect this. The sediment removal elevation should be the
same as the bottom elevation. Frequent maintenance will be needed to maintain this
depth in your system.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
_ �A
INCDENR

Ms. Susan Cooke
May 19, 2003
Coastal Federal Bank — Shallotte, NC
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to June 19, 2003, or the application
will be returned as incomplete. The return of a project will necessitate resubmittal of all required items,
including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned'project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original documents must be
returned or new originals must be provided. Copies are not acceptable. If you have any questions
concerning this matter please feel free to call me at [phone].
Sincerely,
Laurie Munn
Environmental Engineer
RSS/:Ism S:IWQSISTORMWATIADDINF0120031030321.may03.doc
cc: Laurie Munn
David A. Hollis

i
East Coast
Engineering Company, P.A. 4918 Main Street
Fax: 910.754,8049 Consulting Engineers Post Office Box 2469
Office: 910.754,8029 Shallotte, NC 28459
May 28, 2003
Ms. Laurie Munn
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Coastal Federal Bank
200 Smith Avenue, Shallotte, NC
High Density Stormwater Submittal
Dear Ms. Munn:
1
1 MAY 2 9 2003
We have received our copy of your letter dated May 19, 2003 to Ms. Susan Cooke of
Coastal Federal Bank in regards to the subject project. In response to your request for
additional information, we offer the following:
l . "Please provide a copy of the approval to fill the wetlands." - Enclosed is a copy
of the US Army Corps of Engineers Nationwide 39 Permit that has been
obtained by our Consultant, Land Management Group, in regards to this project.
"Please provide original initializations on the design requirements and
maintenance agreement. The forms look like they contain photocopies." - As
You recall, I took care of this item during my visit to your office on May 23,
2003.
"Please provide bearings and dimensions on the property lines." - Enclosed are
two (2) copies of our Site Plan (sheet 2) which now show the bearings and
dimensions on the property lines.
4. "Please provide some more spot elevations at the entrance on Smith Avenue and
White Street. It appears that you may not be directing all the built -upon area to
the pond." - Enclosed are two (2) copies of our Stormwater and Utility Plan
(sheet 4) which now show revised spot elevations at the driveway entrances to
Smith Avenue and White Street. In addition revising the spot elevations at the
Smith Avenue driveway, we have slightly relocated catch basin 2 and catch basin
3 at the White Street driveway to the property line in order to assure that all built -
upon area on the property is now directed to the pond.
"Please provide more information on the types of wetland species to be planted
on the pond shelf." - The wetland species table showing the types of wetland
species to be planted is located on our Site and Utilities Detail Sheet (sheet 9).
This same table is all that has been previously required by your department. We
have added a note to the table to clarify that it is associated with the types of'
wetland species to be planted on the pond shelf. Enclosed are two (2) copies of
sheet 9 with added note highlighted in yellow in order to help facilitate its
location.
6. "Please provide a note on the plans stating that all roof drains must be directed to
the pond." - This note is on the enclosed copies of sheet 4 and has been
highlighted in yellow in order to help facilitate its location.

4 Ms. Munn Page Two Coastal Federal Bank
May 28, 2003 SW8 030321
7. "Please provide a detail of the curb and gutter." - The curb and gutter detail is
located on our Site and Utility Details plan sheet (Sheet 9). This detail has been
highlighted in yellow on the enclosed sheets in order to help facilitate its location.
8. "The permanent pool must maintain a 3' depth at all times. Please revise your
maintenance agreement to reflect this. The sediment removal elevation should be
the same as the bottom elevation. Frequent maintenance will be needed to
maintain this depth in your system." - As you recall, 1 took care of this item
during my visit to your office on May 23, 2003.
Since Coastal Federal Bank needs only the Stormwater Permit from your department in
order to obtain their building permit (all other required Local, State and Federal approvals
and permits have been obtained), we would appreciate your prompt attention to this matter.
Should you have any questions, concerns or require any additional information, please
contact out- office and we will be happy to respond immediately.
Sincerely,
�1�
Alan . ewi., Vice -President
Project Manager
Enclosures
pc: Ms. Susan Cooke, Coastal Federal Bank w/Munn 5/19/03 Letter
Mr. Glenn Humbert, Coastal Federal Bank w/Munn 5/19/03 Letter
File: 02-0479 (Coastal Federal Bank, Shallotte, NC)

Action ID: 200300192
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
County: Brunswick
NATIONWIDE PERMIT 39 VERIFICATION
(Residential, Commercial, and
Institutional Developments)
Property owner: Coastal Federal Bank
2619 Oak Street
Myrtle Beach, SC 29577
Project consultant: Land Management Group, Inc.
c/o Kim Williams
P.O. Box 2522
Wilmington, NC 28402
Property: A vacant commercial lot at the corner of Smith Avenue (SR 1357) and White Street,
Shallotte, Brunswick County, North Carolina. The lot includes forested wetlands connected to
the Wood,'rard Brach of the Shallotte River, a water of the United States, Latitude: 33.9304°N,
Longitude: 78.3789° W
Description of Activity: The authorized project consists of the deposition of fill in wetlands in
accordance with the specifications and conditions outlined in Nationwide Permit 39 (see
Attachment 1), with the attached Coastal Federal Bank Mitigation Plan (attachment 2), and with
the special conditions shown below. The fill authorized in this verification is for the construction
of a commercial building complex a shall be limited to 0.14 acres. The attached mitigation
project is required to offset adverse environmental impacts from the authorized wetland fill.
Applicable Law: _X_ Section 404 (Clean Water Act; 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Your work is authorized by this Nationwide Permit (NtiVP) provided it is accomplished in strict
accordance with the permit general conditions, the approved plans, and the specific conditions
shown below. If your activity is subject to Section 404 (if Section 404'-block above is checked),
before beginning work you must also receive a Section 401 water quality certification from the N.C.
Division of Environmental Management, telephone [phone]. Before beginning work for any
activity within the 20 coastal counties, you must contact the N.C. Division of Coastal Management,
telephone [phone]'.

Coastal Federal Bank
USAGE File No. 200300192
Page,2
Please read and comply with the conditions of the Nationwide Permit. Violations of the conditions
of the permit may subject the permittee to a stop work; order, a restoration order, or appropriate
legal action.
This Department of the Army nationwide permit verification does not relieve the permittee from the
responsibility to obtain any other required Federal, state, or local approvals or permits. The
permittee may need to contact appropriate state and local agencies before beginning work.
Questions regarding this authorization or any of the conditions of the nationwide permit should
be directed to the Corps regulatory official specified below.
Specific Conditions
1. Vicinity i lap, Construction and Mitigation Drawings. (a) Maps and construction and
mitigation drawings for the project are in the attached document, Coastal Federal Bank .
Mitigation Plan (attachment 2), which is numbered pages 1 through 15. Pages 1 I and 12 have
been reduced and photocopied in black and white. For construction and compliance purposes the
original drawings, which are retained on file, shall supersede the photocopied sheets. (b) The _
described compensatory mitigation project is required to offset the adverse enviroamentai
impacts from the authorized fill. The wetland restoration and creation shall be constructed before
or at the same time as deposition of the permitted fill. (c) In addition to the monitoring
documents cited attachment 2, the permittee shall submit to the Corps a "time zero" report within
10 days after completion of grading activities associated with the wetland restoration and
creation. The report shall serve as an initial monitoring report and shall trigger the time schedule
for all the remaining reports described in attachment 2. AnnuaI reports shall be provided for 5
years. Nfonitoring documents shall display Action ID No. 200300192 and shall be sent to the
Corp's regulatoryprogram at the letterhead address.
2. Best Management Practices. Sediments disturbed during construction shall be stabilized as
needed to protect water duality. Erosion control measures (e.g., silt fence, straw bales) must be
installed as needed during construction to prevent sediment from entering adjacent wetlands or
other waters of the U.S.
3. Certification of Compliance. The attached compliance form shall be completed and submitted
as indicated in the form.
General Conditions
The general and regional conditions for nationwide permits are included in Attachment 1.
General and regional conditions must be followed for a nationwide permit to be valid.

Coastal Federal Bank
USACE File No. 200300192
Pare 3
Authorization of the Pen -nit: Nationwide Permit 39, Federal Register Vol. 67, No. 10.
Name of Permittee: General Public
Effective Date: March 18, 2002
Expiration Date of the permit: March 19, 2007
Issue date of this verification: March 11, 2003
Corps regulatory official: Thomas Farrell 1 j
Telephone: [phone]
Attachments
Attachment 1: Nationwide Permit 39, General and Regional Conditions, .arid Coastal Zone
Management State Consistency (27 pages)
Attachment 2: Coastal Federal Bank Mitigation Plan (15 pages)
Attachment 3: Certification of Compliance (1 page)
cc: Noelle, Lutheran, NCDENR, Wilmington

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non -tidal waters of the United States, excluding non -tidal wetlands adjacent to tidal
waters, for the constriction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course isEan
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and ;hopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
piaces of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the Ioss of Greater than 11/21 acre of non -tidal waters of the
United States, excluding non -tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with ail terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment
are minimal, both individually and cumulatively;
C. The permittee must notify.the District Engineer in accordance with General Condition 13,
if any of the following criteria are met:
1. The discharge causes the loss of greater than 11/101 acre of non -tidal waters of the United
States, excluding non -tidal wetlands adjacent to tidal waters; or
2. The discharge causes the Ioss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 300 linear feet of intermittent stream Sed.
In such case, to be authorized the District Engineer must determine that the activity
complies with the other terms and conditions of the nationwide permit, determine adverse

environmental effects are minimal both individually and cumulatively, and waive the
limitation on stream impacts in'writing before the permittee may proceed:
D. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
E. The discharge is part of a single and complete project;
F. The permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable. The notification, when required, must include a
written statement explaining how avoidance and minimization of losses of waters of the United
States were achieved on the project site. Compensatory mitigation will normally be required to
offset the Iosses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant asserts that the adverse. effect's of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
G. When this nationwide permit is used in conjunction with any other nationwide permit, any
combined total permanent loss of waters of the .United States exceeding 11/101 acre requires that
the permittee notify the District Engineer in accordance with General Condition 13;
H. Any work authorized by this nationwide permit must not cause more than minimal
degradation of water quality or more than minimal changes to the flow characteristics of any
stream (see General Conditions 9 and 21);
I. For discharges causing the loss of 11/101 acre or less of waters of the United States, the
permittee must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittee; (2) The location of the work; (3) A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g.,11/21 acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g.,11/21 acre of emergent wetlands created on -site);
J. If there are any open waters or streams within the project area, the permittee will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions,
conservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site.

'Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.
The -compensatory mitigation proposal required in paragraph (0 of this nationwide permit may
be either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph U)
of this nationwide permit will determined on a case -by -case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farm
buildings, Nationwide Permit 39 cannot be used by the developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (Le., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
1
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 can not exceed\]/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be determined by the presence or
absence of an ordi-nary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require a Pre -Construction Notification (PCN) aithouh
water is infrequently present in the stream channel (except for ephemeral waters, which do not
require PCNs under paragraph (c)(s), above; however, activities that result in the loss of greater
than\1/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).

NATIONWIDE PER 11T GENERAL CONDITIONS
The following General Conditions must be foilowed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a miniinal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams :rust be installed to maintain low flow conditions.
S. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a rive r'officially designated by Congress as a 'study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has
determined in writing that the proposed activity will not adversely affect the Wild and Scenic
River designation, or study status. Information on Wild and Scenic Rivers may be obtained from
the appropriate Federal land management agency in the area (e.g., National Park Service, U.S.
Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
S. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights_
9. Water Quality.
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
4

obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 13, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the pemiittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable;
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstrearn aquatic system, including water quality (refer to General Condition 21 for
stotmwater management requirements). Another important component of water quality
management is the.establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such desip'nation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal pennittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in. the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized_,For activities that may affect Federally -listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species -specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g.,
an ESA Section 10 .Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-Iethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
`VVeb pages at http://www.fws.gov/r9endspp/endspp.htmi and http://www.nfms.no ia.gov/prot

resloverview/es.linnl respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the pa'ovisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained froze the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligibie for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with.a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee sloes not provide ail of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall_ not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permilt is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWT may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;

3. Brief description of the proposed project; the project's purpose; direct and
indirect adverse environmental effects the project would cause; any other NWP(s), Regional
General Pen-nit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 13, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance); the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Minim (OS1v1) or state -approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
For NWP 29 (Single -Family -Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
in. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring 11/41-acre or less will not
require a formal on -site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
11/41-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(i );

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

the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
a interanittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project; a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally -listed endangered or 1
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application forrn (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District -Engineer will determine whether the activity authorized by the NWP will result in more
than r�ninimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation
plan. The District Engineer must review the plan within 45 days of receiving a complete PCN

and determine whether the conceptual of specific proposed mitigation would ensure no more
than minimal adverse effect's on the aquatic environment. If the net adverse effects of the .project
on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines: that the adverse effects of the proposed work are more
than minimal, then the .District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment�to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or.
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will Include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters
of the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the Ioss of greater
than 11/21-acre of waters of the- US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
site -specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will
indicate in the administrative record associated with each notification that the resource agencies'
concerns were considered. As required by section 305(h)(4){B) of the Magnuson -Stevens
Fishery Conservation and Management Act, the District Engineer will provide a response to
10

NMFS within 30 days of receipt of any Essential fish Habitat conservation recorrunendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(110 for parcels less than
( 1/41-acre in size). The pern-iittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, kyhere
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with,the authorization letter and will
include; 1
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total'
project cannot exceed 1 1/31-acre) .
alb. Water Supply Intakes. Na activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA)..
i1

19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maxiimum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one -for -one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a !.
project -specific waiver of this requirement. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NNVPs. For example, 11/41-acre of wetlands cannot be created to change a,13l41acre
loss of wetlands to a Il/21-acre loss associated with NWP 39 verification. However,11121-acre of
created wetlands can be used to reduce the impacts of 11/21-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must. be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams, and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing; or preserving similar functions and values,
preferably in the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer .will be 25 to 54 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
12

most appropriate fonn of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in -lieu .fee arrangements or
separate activity -specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons rhust be
avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicabie, the activity must be
designed to maintain preconst?-action downstream flow conditions (e.g., Location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will ribt be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and Iocal authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
13

waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for cornment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within I00-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above -grade fills, are not authorized by N-WPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped fIoodway, remlting in permanent
above -grade fills, are not authorized by NNVPs 39, 40, 42, and 44.
c. The pem-iittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
14

modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1, District Engineers have authority to detennine if an -'activity complies with the terms abd
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law,
3. INVPs do not grant any property rights or exclusive privileges.
4. MVPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices .{B1ifPs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resuiting
from"development. BNIPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minlrhization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
f
15

Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farna Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodtivav: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the I00-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittew Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss -of waters of the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above -grade, at -grade, or below -grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody.° The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstmction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non -tidal Welland An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
I6

Aquatic vegetation within the area of standing or flowing water is either non -emergent, sparse,
onabsent. Vegetated shallows are considered to be open waters. The term "open water" includes
rivers, streams, Iakes, and ponds. For the purposes of the NWPs, this term does not include
ephemeral waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above -grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
functions) at a site where they have ceased to exist, or exist in a substantially degraded state.
Rifle and Pool Complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen Ievels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Sinal� and Complete Project. The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that Iocation. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arras of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for'controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flaodinb
and mitigating the adverse effects of changes in land use on the aquatic environment.
17

StoP1777Vater !t'fal7aoement Facilities: Stormwater management facilities are those facilities,
including but not limited to,'stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
congentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream 0761717elization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per Iunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensur, that activities authorized by NWPs result in minimal adverse effects to the aquatic
envirorunent. (See General Condition I9.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbodv: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark -is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
18

FINAL REGIONAL CONDITIONS FOR NATIONWIDE PEI NIITS IN THE
WILMINGTON DISTRICT
1, Waters Excluded frown NWP or Subject to Additional Notification Requirements:
a, The Cogs identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February I and June_ 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any N V-P in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13_ In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (TPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina
Coastal Area Management Act (CAMA), must also obtain the required CAMA permit.
Construction activities may not -commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington :Field
Office — P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office — P.O. Box I000,
Washington, NC 27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
19

4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
Note. The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Botrs
Swamp Forest -Bog Complex
Swamp Forest -Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
Piedmont Bogs
Upland Depression Swamp Forest
Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resourcos Commission (NC'viRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are
Alleghany
Ashe
Avery
Yancey
Buncombe
Burke
Caldwell
Wilkes
Cherdkee
Clay
Graham. -
Swain
Haywood
Henderson
Jackson
Surry
Macon
Madison
McDowell
Stokes
Mitchell
Polk
Rutherford
Transylvania
Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Secti6n prior to dredging
in or removing sediment from an area closed to shell fishing where the effluent may be released
to an area open for shell fishing or swimming in order to avoid contamination'of the disposal
area and allow a temporary shellfish closure to be made. Any disposal of sand to the beach
should occur between November 1 and April 30 when recreational usage is low. Only clean
sand should be used and no dredged sand from closed shell fishing areas. If beach disposal was
to occur at times other than stated above or if sand from a closed shell fishing area is to be used,
20

a swim advisory shall be posted and a press release shall be made. NCDENR Shellfish
Sanitation Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires, such notification. [Note: The, Corps
uses the Intermittent Channel Evaluation Fonn, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
.filter cloth must be placed underneath the riprap as an additional .requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CA -MA coastal counties must be buried to a depth of one foot below the
RDaaway
Approach Fill I Bankfull
Culvexi bur ed
6elaw stxzamhed
10 ap pxvpr�lr
Suva.m dapih
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of.
complying with this Regional Condition would result in more adverse impacts to the aquatic
21

environment.
3. Additional Regional Conditions Applicable to this Nationwide Permit
a. Discharges its wetlands and in perennial streams for stonnwater management facilities are
prohibited under this NWP.
b. Single-family recreational facilities are not authorized under NWP 39.
Recreational facilities, if they are incorporated into and serving an entire residential, commercial,
or institutional development, can be authorized by this NWP.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GS3362
1. Enumerating and Reporting of Impacts:
a. Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or temporary
stream impacts shall be enumerated on the entire project for all impacts regardless of which 404
Nationwide Permits are used. Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of use of stream
functions including but not limited to filling, relocating, flooding, excavation, dredging and
coinplete'shading shall be considered stream impacts. Enumeration of impacts to streams shall
include streams enclosed by bottomless culverts, bottomless arches or other spanning struc�Ures
when a 404 Permit is used anywhere in a project.unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only used for a road,
driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam
footprints and flooding will count toward the threshold for stream impacts, but flooding
upstream of the darn will not (as long as no filling, excavation, relocation or other modification
of the existing stream dimension, pattem or -profile occurs) count towards mitigation.
b. Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the
entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of wetland functions including but not limited to filling, excavating,
draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands
shall include activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
c. Lakes and Ponds — Impacts to waters other than streams and wetlands as determined by
the Division of Water Quality shall be measured as area. Permanent and/or temporary water
impacts shall be enumerated on the entire project for all impacts proposed regardless of which
404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions
22

including but not limited to filling and dredging shall be considered waters impacts. Application
Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require
a complete application and written concurrence to use this Certification:
Total stream impacts of greater or equal to 150 cumulative feet of stream length for the
entire project require written notification to and approval by the Division of Water Quality,
and/or
Impacts to waters of equal to or greater than 1/3 of an acre require written notification to
and approval by the Division of Water Quality, and/or Wetland impacts of greater or equal to 1/3
of an acre east ofI-95 and 1/10 of an acre west of I-95 require written notification to and
approval by the Division of Water Quality except as specified below. Any impacts to wetlands
adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North
Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well
as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written
concurrence from the Division of Water Quality to use this Certification. These thresholds apply
for the entire project regardless of the number of Nationwide Permits applicable to the
Certification that are issued by the USACE for the project;
Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 1 S. This notification requirement will be satisfied by providing two (2)
copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army
Corps of Engineers. A formal application and fee is not required unless DWQ decides that an
Individual Certification will be required for the project. In this case, the applicant will be notified
in writing from DWQ within 30 days of the receipt of the written notification,
Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality;
2. Impacts to any stream length in the Neuse, Tar -Pamlico or Randleman River Basins (or any
other 'major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written •concurrenee for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar -
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
3. Additional site-specific.stormwater management requirements may be added to this
Certification at DWQ's discretion on a case -by -case basis for projects that have or are anticipated
to have impervious cover of greater than 30 percent. Site -specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
23

Management Practices manual at a minimum. Additionally, in watersheds within one mile and
draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive
waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stotm.water Best Management Practices Manual) be constructed as part
of the storniwater management plan when a site -specific stormwater management plan is
required. For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post -construction, on -site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0I04(m) and 2H .1000 to .1007, respectively, in
addition to that required in this General Certification. Alternative designs may be requested by
the applicant and will be reviewed on a case -by -case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing
state stormwater programs including appropriate iocai programs are sufficient to satisfy this
Condition as long as the stormwater management plans meet or exceed the design requirements
specified in this condition. This condition applies unless more stringent requirements are in
effect from other state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater management
plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the
impacts specified in this Certification occur.
The facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality.
Also; before any permanent btiilding or other structure is occupied at the subject site, the
facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity.
No changes to the structural stormwatter practices shall be made without written authorization
from the Division of Water Quality,
4. Compensatory stream mitigation shall be required at a l :l ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II;
5. In accordance with North Carolina General Statute Section 143-215.3D(e), any application
for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a
CAIMA Permit, one payment to both agencies shall be submitted and will be the higher of the
two fees;
6. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
24

impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire
prbject. For linear public transportation projects, impacts equal to or exceeding 150 feet per
stream may require mitigation. In addition, buffer mitigation may be required for any project
with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of
Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination
of buffer, wetland and stream mitigation requirements shall be made for any Certification for this
\Tationwide Permit. The most current design and monitoring protocols from DWQ shall be
followed and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved by
DWQ in writing before the impacts approved by the Certification occur, unless otherwise
specified in the approval letter. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the traveling
public. Please note that if stream relocation is conducted as a stream restoration as defined in
The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored
length can be used as compensatory mitigation for the impacts resulting From the relocation;
7. For any project involving re -alignment of streams, a stream relocation plan must be included
with the 401 application for written DWQ approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the
existing channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and
should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated
buffer on both sides of the relocated channel to the maximum extent practical. A transitional
phase incorporating coir fiber and seedling establishment is allowable. Also, rip -rap, A -Jacks,
concrete, gabions or other hard structures may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip -rap coverage requested. If suitable stream
mitigation is not practical on -site, then stream impact will need to be mitigated elsewhere. Please
note chat if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used
as compensatory mitigation for the impacts resulting from the relocation;
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. 'Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested to do so in
writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
S
25

provided to maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in aegradation, degradation or significant changes in hydrology of
streams or wetlands;
9. That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
10. All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original grade restored within two months after the Division of Land -Resources has
released the project;
11. That additional site -specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
12. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
13. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
14. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable without
requiring additional impacts to wetlands, waters or buffers if required to do so in writing by.
DWQ. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground; "
15. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format
can be downloaded from the 40I/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
DWQ shall be sent copies of all deed restrictions applied to these lots;
;x
16. When written concurrence is required, the applicant is required to use'the most recent
version of the Certification of Completion form to notify DWQ when all work included in.the
401 Certification has been completed;
26

1 7. Conc=ence from DWQ that this Certification applies to an individual project shall expire
th�'ee years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 34, whichever is sooner.
NORTH CAROLItNA DIVISION OF COASTAL At NAGENIENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Pernlits - Federal Register Notice 15-Jan 2002
2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002
2002 Regional Conditions — Authorized 17 May 2002
27

�IC_oN1C/k`r1 -
Pernit Number;\ �1
Name of ?ermi t tee : (��� r j i L ! G �l•
Date of rssuan.ce:
Upoa completion of the activity authorized by. this permit and any minigaKon
required by the permit, sign this certification aM return it to the following
address:
District Engineer
Wilmington Discric4
U.S. Army Corps of Engineers
Attention: CESAW-RG
Soso 01fice Box 1890
Wilmington, North Carolina 28402-1890
?lease note that your permicted activity is subject to a compliance inspection
by a U.S. Army Corps of Engineers represenXative. -if you fail to coma;
�y :lit
phis permit you are subject to permit suspOsion, moaificaKon, or reVccation..
L herezy Aroify that the work authorized h_y the above referenced per-mit has
been colmpiat.ed in accordance with the terms and conditions of the said permit,
and required mitigazion was completed in accordacce with the pe mit
conditions.
Signature A Permittee
1
Date

Tax: 910.754,8049
Office: 910,754,8029
Match 25, 2003
East Coast
Engineering Company, P.A.
Consulting Engineers
.Ms. Linda Lewis
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Coastal Federal Bank
200 Smith Avenue, Shallotte, NC
High Density Stormwater Submittal
Dear Ms. Lewis:
4918 Main Street
Post Office Box 2469
Shallotte, NC 28459
Enclosed is our submittal package for the subject project. Please note that this project is a
proposed bank that has been designed as a "high density" Stormwater project. For yoru-
ease of reference, the following presents the various components that are enclosed:
I . Two copies of a vicinity map showing the location of the project,
2. Two copies each of the appropriate plan sheets; sheets 2, 4 and 8 of 9,
3. Two copies of the supporting hydrologic and hydraulic calculations,
4. One original and one copy of the executed "Stormwater Management Permit
Application" form,
5. One (1) original and one (1) copy of the executed "Wet Detention Basin
Supplement" form, and,
6. A check in the amount of $420 to cover the required stormwater application fec,
We appreciate your prompt attention to this matter and look forward in hearing from you
soon. Should you have any questions, concerns or require any additional information,
please contact our office and we will be happy to respond immediately.
Sincerely,
Alan . Le is, Vice -President
Project Ma aget
Enclosures
pc: Ms. Susan Cooke, Coastal Federal Bank w/Preliminary Plans
Mr. Glenn Humbert, Coastal Federal Bank w/Preliminary Plans
File: 02-0479 (Coastal Federal Bank, Shallotte, NC)