20061346 Ver 1_Mitigation Closeout Report_20120413

Lloyd Stream and Wetland Restoration Site
EEP ID (IMS) # 92327
FDP CONTRACT NUMBER # D06003 -1
USACE ACTION ID # 2006 - 410033 -067
DWQ 404#
CLOSEOUT REPORT
Stream and Wetland
Overall Project Activities and Timeline
Milestone
Month -Year
Project Instituted
Permitted
Construction Completed
March 2007
As -built survey
May 2007
Monitoring Year -1
December 2007
Monitoring Year -2
November 2008
Monitoring Year 3
August 2009
Monitoring Year 4
November 2010
Monitoring Year 5
November 2011
Closeout Submission
Aril 2012

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Page 6 of 21
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MTIOATION
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Page 7 of 21

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Table 6. Verftation of Banitfall Erects
Date of Data
Collection
Date of
Occurrence
Method -State Climate (Mice of North Carolina Precipitation Data
Precipitation Station
Total Incites
-
51807
6307
1.1
1.25
314471 - Jacksonville
61007
1.39
721 07
2.05
8 1207
1.52
8 22 07
1.26
9 20 07
1.54
314144 - Hoffman Forest
9 21 07
1.54
March 2009
Feb 28-Mar 2.2009
2.28
Documented at a nearby rain gauge at Jarman Oak Restoration
Site
April 2009
Aril 2009
April 14, 2009
Ma • 16-18. 2009
3.01
3.05
April 2010
November 11. 2009
5.0
Greater than 5 inches of min documented between November
10-1_, 2009 as the result ofTro ical Storm Ida.
April 2010
February 5, 2010
1.65
Visual obsenations of overbank resulting Gum a 1.65 inch
rainfall event on February 5. 2010 that occurred after numerous
rainfall events• within the 3 weeks prior. that totaled 4.32 inches.
November 2011
May 16.19.2010
2.67
2.61
4.59
1.69
1.73 Documented at an onsite rain gauge.
3.12
2.2
7.74
November 2011
June 29, 2010
November 2011
July 10- 14.2010
November 2011
February 4. 2011
November-20 11
July 23. 201 I
November 2011
November 201 I
July 28 -31. 2011
August 6.261-1
November 2011
August 26-27. 2011
Page 10 of 21

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Table 3. Planted Species and Reference Forest Ecosystem
Planted Species
Reference Species
PavvWw (Ashnina triloba)
Red maple (--1cer rubrum)
River birch (Bentla nigra)
Ironwood (Cm- inns carohniana)
Atockemut hickory (Cana alba)
Pignut hickory (Cana labra)
Water hickory (Cana aquatics)
Dogwood (Contus sp.)
Sugarbetne (Celtis laerigats)
Ash (Fraxinus sp.)
Buttonbush (Cephalanthus occidentalis)
American holly (Ilex o aca)
Green ash (Fraxinus penns.0v mica)
Sweetstuu (Liq uidambar sth•raci na)
Black walnut (Juglans nigra)
Yellow poplar (Driodendron tali i era)
Black gtuu ( yssa srh)atica)
White oak (Quercus albs)
Sycamore (Platanus occidentalis)
Water oak ( uercus nigra)
Chetrybark oak (Qnercus pagoda)
Laurel oak (Qnercus lauri/olia)
Rater oak (Quercus nigra)
Swanip chestnut oak uercus michattvii)
Willow oak (Que►rus phellos)
Chern•bark oak ( uercus pagoda)
American ehu (Uhaus antericm►a)
769
Table 4. Summary of Planted Vegetation Plot Results
Plot
Planted Stems /Acre Counting Towards Success Criteria
Year 1 200
Year 2 2008
Year 3 2009
Year 2010
Year 5 2011
1
728
607
607
607
647
2
728
809
769
850
850
3
809
769
891
688
647
4
445
445
810
769
769
5
364
364
364
405
486
Average of All
Plots (1-5)
615
599
688
656
680
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Page 13 of 21
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EEP Recommendation and Conclusion
The Lloyd Site has completed 5 years of vegetative, hydrologic, and stream morphologic
monitoring. Stream morphology and vegetative growth appear to have met success criteria.
Wetland hydrologic monitoring has shown a trend towards success even in several years of
drought conditions. Utilizing onsite soils temperature data, a strong case can be made that the
growing season onsite begins long before the April 8t' date as defined in the Onslow Soil Survey.
Therefore, early March is a more realistic start date for the growing season. Even without
consideration that an earlier growing season start date does exist, Gauges 1, 7, 5, and 8 made
hydrologic success using the April 8 date. Gauges 6, 7, and 8, however, have only 2 years of
hydrologic data.
Gauges 3 and 4 have not met the targeted success criteria in any year. Gauge 3 is located in a
nonriparian wetland area, and the area at Gauge 4 was removed from the credit generating area
due to poor vegetation growth and a lack of wetland hydrology and soils (see Figure 6 on page
7).
EEP recommends that the growing season start date be considered as early March instead of
April 8 based upon the relative location of Onslow County to other counties with a similar start
date. Also, onsite observation indicates that the growing season begins much earlier than April
8.
Considering the earlier growing season start date, EEP requests the site closure with 5858 Stream
Mitigation Units (SMUs) and 17.2 Wetland Mitigation Units (WMUs).
Contingencies
EEP does not recommend additional contingencies for the site.
Page 15 of 21

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APPENDIX A - Watershed Planning Summary
The Lloyd Site project, located in White Oak 03030001, is not located in an EEP watershed
planning area (i.e. Targeted Local Watershed or Local Watershed Planning area).
Page 18 of 21

APPENDIX B — Land Ownership and Protection
SITE PROTECTION INSTRUMENT
The land required for the construction, management, and stewardship of this mitigation
project Includes a portion of the following parcel.
Landowner
PIN
County
Site
Protection
Instrument
Deed Book and
Page Number
Acreage
protected
(plat)
Harrold W Lloyd
Onslow
Conservation
DB 2615 P 553,
1046
easement and
Vernon Lloyd (Ide tenant),
assignment
DB 2615 P 560
Charles N Lloyd,
DB 2615 P 562,
Deborah M Lloyd,
DB 2615 P 571
138
Ima Mae Lloyd Campbell,
Charles Campbell
Restoration Systems purchased two conservation easements from the landowners.
The conservation easements were then assigned to the State of North Carolina
LONG -TERM MANAGEMENT PLAN
Upon approval for close -out by the Interagency Review Team (IRT), the site will be
transferred to the DENR Stewardship Program, which will be responsible for periodic
inspection of the site to ensure that restrictions required in the conservation easement
or the deed restriction document(s) are upheld.
Page 19 of 21

APPENDIX C — Jurisdictional Determinations and Permits
Preconstruction hydric soil limits were mapped in the field by a licensed sod scientist during
January 2006 Based on field surveys and groundwater models, jurisdictional wetlands did not
currently occur within the Site with the exception of approximately 0 5 acre located near the Site
outfall (see Figure 2 on page 7)
Page 20 of 21

N
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. 2006 -41033 -067 County: Onslow USGS Quad: Catherine Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERII+'ICATION
Property Owner: Restoration Systems, LLC c /o: Randall Turner
1101 Haynes Street, Suite 107, Raleigh NC 27604
_ (919) 755 -9490
Interested Party: Guy Pearce, NC Ecosystem Enhancement Program
1652 Mail Service Center, Raleigh NC 27604
(919) 715 -1656
Size and location of property (water body, road name /number, town, etc.): The proiect site, known as Lloyd Stream
and Wetland Restoration Project, will take place in an unnamed tributary to the New River, on the north side of
Northwest Bridge Road (SR 1314). approximately 0.6 miles west of Gum Branch Road (SR 1308) intersection.,
south of Richlands, Onslow County, North Carolina.
Description of projects area and activity: Authorization to impact approximately 4,758 linear feet of stream to
facilitate the restoration /enhancement of 4,750 linear feet, 3.3 acres of riverine wetlands, and 3.1 acres of
nonriverine wetlands.
Applicable Law: X_ Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: _
Nationwide Pen-nit Number: NW27- Nationwide Permit Number 27; Special condition (1) The
permittee must notify our office when restoration construction work is to start, (2) Authorization of this work in no
way obligates the US Corps of Engineers to recognize this project as a mitigation.bank or as compensation for any
past or future permitted impacts, and (3) Our office does not recognize as valid any reference to mitigation
"credits ", or any other issues associated with a mitigation bank or mitigation for any past or future permitted
Impacts.
Additionally, please be reminded that the permittee will be responsible for the maintenance of this project after all
work is completed. If, at any time, erosion occurs as the result of this project, the permittee will be responsible, Rt
our discretion, for the removal of the sediment.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is
reissued and /or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in
reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of
the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401
requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
Page 1 of 2

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification; any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact me at (910) 2514811.
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Adnunistrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the US and /or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344), Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Waters in the unnamed tributary are adiacent to the Section 10 navigable
waters of the New River.
Corps Regulatory Official:
Date October 11, 2006
Copy Furnished:
Noelle Lutheran/NC Division of Water Quality
Guy Pearce/ NC EEP
Page 2 of 2
Expiration Date of Verification March 18, 2007

Action ID Number: 2006 -41033 -067 County: Onslow
Permittee: Restoration Systems LLC, c /o: Randy Turner
Date Permit Issued: October 11, 2006
Project Manager: Mickey Sues
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Stream and Wetland Restoration Activities. Activities in waters of the United States
associated with the restoration of former waters, the enhancement of degraded tidal and non -tidal
wetlands and riparian areas, the creation of tidal and non -tidal wetlands and riparian areas, and
the restoration and enhancement of non -tidal streams and non -tidal open water areas as follows:
1. The activity is conducted on:
a. Non - Federal public lands and private lands, in accordance with the terms and
conditions of a binding wetland enhancement, restoration, or creation agreement between the
landowner and the U.S. Fish and Wildlife Service (FWS) or the Natural Resources Conservation
Service (NRCS), The National Marine Fisheries Service (NMF), the National Ocean Service
(NOS) or voluntary wetland restoration, enhancement, and creation actions documented by the
NRCS pursuant to NRCS regulations; or
b. Reclaimed surface coal mined lands, in accordance with a Surface Mining Control and
Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency
(the future reversion does not apply to streams or wetlands created, restored, or enhanced as
mitigation for the mining impacts, nor naturally due to hydrologic or topographic features, nor
for a mitigation bank); or
c. Any other public, private or tribal lands;
2. Notification. For activities on any public or private land that are not described by
paragraphs (1)(a) or (1)(b) above, the permittee must notify the District Engineer in accordance
with General Condition 13; and
3. Planting of only native plant species should occur on the site.
Activities authorized by this nationwide permit include, to the extent that a Corps permit is
required, but are not limited to: the removal of accumulated sediments; the installation, removal,
and maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or creation of riffle and pool stream structure; the
placement of in- stream habitat structures; modifications of the stream bed and/or banks to restore
or create stream meanders; the backfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; activities
needed to reestablish vegetation, including plowing or discing for seed bed preparation and the
planting of appropriate wetland species; mechanized landclearing to remove non - native invasive,

exotic or nuisance vegetation; and other related activities
This NWP does not authorize the conversion of a stream to another aquatic use, such as the
creation of an impoundment for waterfowl habitat. This NWP does not authorize stream
channelization. This NWP does not authorize the conversion of natural wetlands to another
aquatic use, such as creation of waterfowl impoundments where a forested wetland previously
existed. However, this NWP authorizes the relocation of non -tidal waters, including non -tidal
wetlands, on the project site provided there are net gains in aquatic resource functions and
values. For example, this NWP may authorize the creation of an open water impoundment in a
non -tidal emergent wetland, provided the non -tidal emergent wetland is replaced by creating that
wetland type on the project site. This NWP does not authorize the relocation of tidal waters or
the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the
conversion of tidal wetlands into open water impoundments.
Reversion. For enhancement, restoration, and creation projects conducted under paragraphs
(1)(a), this NWP does not authorize any future discharge of dredged or fill material associated
with the reversion of the area to its prior condition. In such cases a separate permit would be
required for any reversion. For restoration, enhancement, and creation projects conducted under
paragraphs (1)(a) and (1)(b), this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or creation activities). The reversion must occur within
five years after expiration of a limited term wetland restoration or creation agreement or permit,
even if the discharge occurs after this NWP expires. This NWP also authorizes the reversion of
wetlands that were restored, enhanced, or created on prior - converted cropland that has not been
abandoned, in accordance with a binding agreement between the landowner and NRCS or FWS
(even though the restoration, enhancement, or creation activity did not require a Section 404
permit). The five -year reversion limit does not apply to agreements without time limits reached
under paragraph (1)(a). The prior condition will be documented in the original agreement or
permit, and the determination of return to prior conditions will be made by the Federal agency or
appropriate state agency executing the agreement or permit. Prior to any reversion activity, the
permittee or the appropriate Federal or State agency must notify the District Engineer and
include the documentation of the prior condition. Once an area has reverted back to its prior
physical condition, it will be subject to whatever the Corps regulatory requirements will be at
that future date. (Sections 10 and 404)
Note: Compensatory mitigation is not required for activities authorized by this NWP,
provided the authorized work results in a net increase in aquatic resource functions and values in
the project area. This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks, provided the permittee notifies the District Engineer in accordance with
General Condition 13, and the project includes compensatory mitigation for impacts to waters of
the United States caused by the authorized work. However, this NWP does not authorize the
reversion of an area used for a compensatory mitigation project to its prior condition. NWP 27
can be used to authorize impacts at a mitigation bank, but only in circumstances where it has
been approved under the Interagency Federal Mitigation Banks Guidelines.

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

obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 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 permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non - federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally- listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species - specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http: / /www.fws.gov /r9endspp /endspp.html and http: / /www.nfnis.noaa.gov /prot
4

res /overview /es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone members of the prospective permittee;
2. Location of the proposed project;

3. Brief description of the proposed project; the project's purpose; direct and
indirect adverse environmental effects the project would cause; any other NWP(s), Regional
General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
S. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state - approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single - Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single - family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\ -acre or less will not
require a formal on -site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\ -acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(0);
6

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

the construction of new stormwater management facilities, a maintenance plan (in accordance
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
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally - listed endangered or
threatened species, the PCN must include the names) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1) -(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation
plan, The District Engineer must review the plan within 45 days of receiving a complete PCN
8

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

NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification,
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
01/4\ -acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45 -day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit,conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\ -acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization,
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4,
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
10

19, Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal,
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one- for -one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project - specific waiver of this requirement. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\ -acre of wetlands cannot be created to change a, \3/4 \acre
loss of wetlands to a \1/2\ -acre loss associated with NWP 39 verification. However, \1/2\ -acre of
created wetlands can be used to reduce the impacts of a \1/2\ -acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet
wide on each side of the strearn, 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
11

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

23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills-must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA - designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition l 1 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100 -Year Floodplains. For purposes of this General Condition, 100 -year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA - approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e, five efs),
resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above -grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA- approved state or local
floodplain management requirements.
13

27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12- months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
Best Manaizement Practices (BMPJ: BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and /or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
14

Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
E,phemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year - round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or pant of
a farm.
Flood Fringe: That portion of the 100 -year floodplain outside of the floodway (often referred to
as "floodway fringe ").
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100 -year floodplain.
Independent Utilitv: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss of waters 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 preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
15

Non -tidal Wetland: An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
Aquatic vegetation within the area of standing or flowing water is either non - emergent, sparse,
or absent. Vegetated shallows are considered to be open waters. The term "open water" includes
rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not 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 N WPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re- establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Single and Complete Protect: The term "single and complete project' is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner /developer or partnership or
other association of owners /developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
16

and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and /or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross - section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated 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
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
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.
17

FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries ( NCDMF) or the North Carolina Wildlife Resources Commission
( NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina
Coastal Area Management Act (LAMA), must also obtain the required CAMA permit.
Construction activities may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office — P.O. Box 1000,
Washington, NC 27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
18

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 Boas Piedmont Boas
Swamp Forest -Bog Complex Upland Depression Swamp Forest
Swamp Forest -Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty -five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty -five (25) designated counties are:
Alleghany
Ashe
Avery
Yancey
Buncombe
Burke
Caldwell
Wilkes
Cherokee
Clay
Graham
Swain
Haywood
Henderson
Jackson
Surry
Macon
Madison
McDowell
Stokes
Mitchell
Polk
Rutherford
Transylvania
Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand
should be used and no dredged sand from closed shell fishing areas. If beach disposal was to
occur at times other than stated above or if sand from a closed shell fishing area is to be used, a
19

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

environment.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands /401 Certification Unit at (919) 733- 1786 or access the following website:
httn,//h2o.enr state,nc its /ncwctlancis /certs.html
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits - Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002
2002 Regional Conditions — Authorized 17 May 2002
21

Mr. M. Randall Turner
Restoration Systems, LLC
1101 Haynes Street
Suite 107
Raleigh, NC 27604
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 15, 2006
Subject Property: Lloyd Site Stream Wetland Restoration Project
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Turner:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 061346
Onslow County
SEP 1 9 2006
BY. . ...................
You have our approval, in accordance with the attached conditions and those listed below impact 1.1
acres of Waters of "the State in order to restore 4,750 linear feet of stream and 3.3 acres of jurisdictional
riverine wetlands and 3,1 acres of jurisdictional nonriverine wetlands on the subject property, as described
within your application dated August 7, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3495 (GC3495). This Certification
can also be found on line at: http : //h2o.enr. state .nc.us /ncwellands /certs.hfml. This Certification(s) allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or
to conduct impacts to waters as depicted in your application shall expire in three years or upon the
expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
i+�"�laCaro ' a
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servlcel- 877 623.67
Wilmington Reglonal Offloe Wilmington, NC 28405 -3645 FAX [phone] Internet h2o.enr,state,nc.us
An Equal OpportunitylAfnrmative Action Employer — 5016 Recycled/10% Post Consumer Paper
Amount Approved Units
Plan Location or Reference
Stream
Restore 4,758 linear feet
of stream
Lloyd Property Stream
Restoration Project Engineer
Drawings Pl- 1 — PL-4
404 Wetlands
N/A (acres)
Waters
1.1 acres
Same as above
Buffers
N/A (square ft.
i+�"�laCaro ' a
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servlcel- 877 623.67
Wilmington Reglonal Offloe Wilmington, NC 28405 -3645 FAX [phone] Internet h2o.enr,state,nc.us
An Equal OpportunitylAfnrmative Action Employer — 5016 Recycled/10% Post Consumer Paper

Page Two
Mr. M. Randall Turner
Restoration Systems, LLC
DWQ # 061346
September 15, 2006
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre- Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire in
three years or upon expiration of the 404 or CAMA Permit.

Page Three
Mr. M. Randall Turner
Restoration Systems, LLC
DWQ # 061346
September 15, 2006
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality (DWQ) Permit # 061346 under Section
401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis in the DWQ
Wilmington Regional Office at 910 -796 -7215.
Sin ely,
Alan W. Klimek, P.E.
Enclosures: GC 3495
Certificate of Completion
cc: Brad Shaver - USACE Wilmington Regulatory Field Office
Ian McMillian - DWQ 401 Oversight Unit
Stephen Rynas — DCM Morehead
Central Files
WiRO

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional I (i.e„ Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, 'having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL. CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN,RESTORATION AND'
CREATION, ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BALK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION)-AND REPIONAL PERMIT 197800080
,(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section'401, Public
Laws 92 -500 and 95,217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H.0500 and 15A NCAC 213.0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A -(B) (13) and (27) of the Corps of
Engineers regulations (i.e, Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration.activity as long as Impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306•and 307 of the Public Laws•92 +500 and 95 -217
if condadied In accordance with the conditions set forth.
Conditlonsi of Certification:
1. Wetland and/or riparian area restoration and creation projects which are for
r +:compensatory mitigation or compensatory mitigation credit (and not Including
projects that only Involve stream - restoration or enhancement work,described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a• response, will be
prepared within 30 days of stamped receipt of the application In'the Division of
Water Quality's Central Office in Raleigh. This 30 -day period does, not Include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mall systems;
Wetland and riparian area restoration and creation projects (not Including projects
that involve work In or Impacts,to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant Is required to notify the Division In
writing with three copies of project specifications before the Impact occurs, If the
Division determines that the project would not result In an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
In writing within 30 days of DWQ's receipt of the notification, In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval

WQC #3495
Stream stabilization is defined as the In,place stabilization of an eroding stream
bank using measures that consist primarily of "hard", engineering, such, as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
6. Impacts to any stream length in the Neuse, Tar,4Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 16A NCAC 26.0200. 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 60 -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 213 .0200. All new development shall be located,
designed, constructed, and rnalntalned to have ,minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
7. In order for the above conditions to be valid, any plans not •requiring,written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written, concurrence Is required, then the project
must be built and maintained according to the plans approved- by the written
concurrence and Certification from the Division of Water Quality;
Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosiowand Sediment
Control Planning and Design Manual" or "North Carollna,Surfaae,Mining Manual"
whichever, is more appropriate (available from the,Division of Land Resources at the
DENR Regional and Central Offices) shall•be designed, installed arid maintained
properly to assure compliance with the appropriate • turbidity -Water quality standard
(50 NTUs in streams and rivers not designated a& trout waters by DWQ; 25 NTUs In
all saltwater classes and all lakes and reservoirs; 10•NTUs In ,DWQ -tclassified trout
waters);
9. All sediment and erosion control measures placed ,in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip -rap shall be of such a size and density so as -not to be able to be carried off
by wave-or current action and consist of clean rock or masonry material free of
debris or toxic pollutants', Rip,rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural' Integrity of bank
stabilization measures. If rip -rap is to be installed within the streambed, the amount
and location must be_approved In writing by the Division of Land'Resources and
Division'of Water Quality.-However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shall be taken to prevent live or•fresh concrete from coming Into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is Issued by the State
Clearinghouse;

WQC #3495
Non- compllance with or violation of the coriditions herein set forth by a specific project shall result
In revocation of this Certification for the project and may also result In criminal and /or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project In this category of activity If it Is determined
that the project Is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3495

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