20211026 Ver 1_SAW-2004-11082 NCDOT R-2511 Martin_Beaufort_20211129

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2004-11082 County: Beaufort County U.S.G.S. Quad: Old Ford

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Paul Williams
NCDOT Division 1
Address: 113 Airport Drive
Edenton NC, 27932
Telephone Number: [phone]

Size (acres) Project area ROW for 11 miles Nearest Town Williamston
Nearest Waterway Smithwick Creek River Basin Pamlico
USGS HUC 03020103 Coordinates Latitude: 35.68976
Longitude: -77.080023
Location description: The project is located along the US 17 Highway corridor between the community of Old Ford in Beaufort
County running approximately 10.6 miles north to Mill Inn Road near the town of Williamston in Martin County, North
Carolina.

Description of projects area and activity: The project involves the widening of US 17 from a 2 lane to a 4 lane with a raised
median for approximately 10.6 miles. The bridge over Gum Swamp will be replaced with dual bridges along with multiple
culvert extensions and 4.12 acres of permanent wetland impacts. The utility impacts associated with this project are covered
under this RGP.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number and/or Nationwide Permit Number: RGP 31
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated June 23, 2021 and Utility Supplemental Plans
dated August 4, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 Resources (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 in Elizabeth City, NC, at [phone].

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 Kyle Barnes at [phone] or [e-mail].

Corps Regulatory Official: ___________________________ Date: November 23, 2021
Expiration Date of Verification: May 25, 2025
SAW-2004-11082
A. Determination of Jurisdiction:

1. There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.

2. 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 (RHA) (33 USC § 403) and 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.

3. There are waters, including wetlands, within the above described project area that are 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.

4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.

5. The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW- .
B. Basis For Jurisdictional Determination: All Waters and Wetlands within the project area flow unimpeded to
either the Tar River or the Roanoke River which are TNW’s.
C. Remarks:
D. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in
this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or
your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination
from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).

If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Corps Regulatory Official: ______________________________________________________
Kyle Barnes

Date of JD: November 19, 2021 Expiration Date of JD: None

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please
complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
SAW-2004-11082

Copy furnished:

Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton NC, 27932

SAW-2004-11082
SPECIAL CONDITIONS

Conditions listed below are related to the activities required for the construction, maintenance, repair,
and removal of utility lines for water and other substances and electricity, excluding oil, natural gas and
products derived from oil or natural gas.

A. Electric utility lines and telecommunication lines: This NWP authorizes discharges of dredged or fill material into
waters of the United States and structures or work in navigable waters for crossings of those waters
associated with the construction, maintenance, or repair of electric utility lines and telecommunication
lines. There must be no change in pre-construction contours of waters of the United States. An “electric
utility line and telecommunication line” is defined as any cable, line, fiber optic line, or wire for the
transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio,
and television communication.

B. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for
no more than three months, provided the material is not placed in such a manner that it is dispersed by
currents or other forces. The district engineer may extend the period of temporary side casting for no
more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should
normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in
such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon
completion of the electric utility line or telecommunication line crossing of each waterbody.

C. Electric utility line and telecommunications substations: This NWP authorizes the construction,
maintenance, or expansion of substation facilities associated with an electric utility line or
telecommunication line in non-tidal waters of the United States, provided the activity, in combination
with all other activities included in one single and complete project, does not result in the loss of greater
than 1/2-acre of waters of the United States. This NWP does not authorize discharges of dredged or fill
material into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or
expand substation facilities.

D. Foundations for overhead electric utility line or telecommunication line towers, poles, and anchors: This
NWP authorizes the construction or maintenance of foundations for overhead electric utility line or
telecommunication line towers, poles, and anchors in all waters of the United States, provided the
foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger
single pad) are used where feasible.

E. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance
of electric utility lines or telecommunication lines, including overhead lines and substations, in non-tidal
waters of the United States, provided the activity, in combination with all other activities included in one
single and complete project, does not cause the loss of greater than 1/2-acre of non-tidal waters of the
United States. This NWP does not authorize discharges of dredged or fill material into non-tidal wetlands
adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2,
below). Access roads must be constructed so that the length of the road minimizes any adverse effects on
waters of the United States and must be as near as possible to pre-construction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-
construction contours and elevations in waters of the United States must be properly bridged or culverted
to maintain surface flows.

F. This NWP authorizes, to the extent that Department of the Army authorization is required, temporary
structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to waters
of the United States through sub-soil fissures or fractures that might occur during horizontal directional

drilling activities conducted for the purpose of installing or replacing electric utility lines or
telecommunication lines. These remediation activities must be done as soon as practicable, to restore the
affected waterbody. District engineers may add special conditions to this NWP to require a remediation
plan for addressing inadvertent returns of drilling fluids to waters of the United States during horizontal
directional drilling activities conducted for the purpose of installing or replacing electric utility lines or
telecommunication lines.

G. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats,
necessary to conduct the electric utility line activity. Appropriate measures must be taken to maintain
normal downstream flows and minimize flooding to the maximum extent practicable, when temporary
structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for
construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of
materials, and be placed in a manner, that will not be eroded by expected high flows. After construction,
temporary fills must be removed in their entirety and the affected areas returned to pre-construction
elevations. The areas affected by temporary fills must be revegetated, as appropriate.

H. 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. All permanent and temporary
crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to
maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be
used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life
movements.

I. Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream
smothering by substantial turbidity) of an important spawning area are not authorized.

J. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided
to the maximum extent practicable

K. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for
construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the
Clean Water Act).

L. No activity may occur in the proximity of a public water supply intake, except where the activity is for the
repair or improvement of public water supply intake structures or adjacent bank stabilization.

M. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating
the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

N. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open
waters must be maintained for each activity, including stream channelization, storm water management
activities, and temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the passage of
normal or high flows, unless the primary purpose of the activity is to impound water or manage high
flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters
if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

O. The activity must comply with applicable FEMA-approved state or local floodplain management
requirements.

P. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be
taken to minimize soil disturbance.

Q. 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, or during low tides.

R. Temporary structures must be removed, to the maximum extent practicable, after their use has been
discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated, as appropriate.

S. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public
safety and compliance with applicable NWP general conditions, as well as any activity-specific
conditions added by the district engineer to an NWP authorization.

T. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.

U. (a) No activity is authorized under any NWP which is likely to directly or indirectly 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 directly or indirectly destroy or
adversely modify designated critical habitat or critical habitat proposed for such designation. No activity
is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7
consultation addressing the consequences of the proposed activity on listed species or critical habitat has
been completed. See 50 CFR402.02 for the definition of “effects of the action” for the purposes of ESA
section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7
regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed
action.”

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA
(see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal
permittee must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements. The district engineer will verify that the appropriate documentation
has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7
consultation may be necessary for the activity and the respective federal agency would be responsible for
fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed
species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such
designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity
until notified by the district engineer that the requirements of the ESA have been satisfied and that the
activity is authorized. For activities that might affect Federally-listed endangered or threatened species (or
species proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation), the pre-construction notification must include the name(s) of the endangered or threatened
species (or species proposed for listing) that might be affected by the proposed activity or that utilize the
designated critical habitat (or critical habitat proposed for such designation) that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity “may affect” or will
have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant
of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. For
activities where the non-Federal applicant has identified listed species (or species proposed for listing) or
designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in

the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the
Corps has provided notification that the proposed activity will have “no effect” on listed species (or
species proposed for listing or designated critical habitat (or critical habitat proposed for such
designation), or until ESA section 7 consultation or conference has been completed. If the non-Federal
applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification
from the Corps.

(d) As a result of formal or informal consultation or conference with the FWS or NMFS the district
engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an 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 FWS or the NMFS, the
Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a
listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means
an act which actually kills or injures wildlife. Such an act may include significant habitat modification or
degradation where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an
approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP
activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the
PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the
agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity
and the associated incidental take were considered in the internal ESA section 7 consultation conducted
for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that
the proposed NWP activity and the associated incidental take were considered in the internal ESA section
7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the
non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the
ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7
consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS and NMFS or their world wide web pages at
http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/
respectively.

V. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action
authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish
and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse
effects to migratory birds or eagles, including whether "incidental take" permits are necessary and
available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity.

W. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause
effects to properties listed, or eligible for listing, in the National Register of Historic Places until the
requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of section
106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is
required for the proposed NWP activity, the Federal permittee must provide the district engineer with the

appropriate documentation to demonstrate compliance with those requirements. The district engineer will
verify that the appropriate documentation has been submitted. If the appropriate documentation is not
submitted, then additional consultation under section 106 may be necessary. The respective federal
agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP
activity might have the potential to cause effects to any historic properties listed on, determined to be
eligible for listing on, or potentially eligible for listing on the National Register of Historic Places,
including previously unidentified properties. For such activities, the pre-construction notification must
state which historic properties might have the potential to be affected by the proposed NWP activity or
include a vicinity map indicating the location of the historic properties or the potential for the presence of
historic properties. Assistance regarding information on the location of, or potential for, the presence of
historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation
Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places
(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply
with the current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts commensurate with potential impacts, which may include background
research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on
the information submitted in the PCN and these identification efforts, the district engineer shall determine
whether the proposed NWP activity has the potential to cause effects on the historic properties. Section
106 consultation is not required when the district engineer determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is
required when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties identified under
36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of
section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.

(d) Where the non-Federal applicant has identified historic properties on which the proposed NWP
activity might have the potential to cause effects and has so notified the Corps, the non-Federal applicant
shall not begin the activity until notified by the district engineer either that the activity has no potential to
cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-
federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA
section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or
she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from the
Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic
property to which the permit would relate, or having legal power to prevent it, allowed such significant
adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic
Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse
effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is
required to notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This documentation
must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on
historic properties.

X. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously
unknown historic, cultural or archeological remains and artifacts while accomplishing the activity
authorized by an NWP, they must immediately notify the district engineer of what they have found, and
to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts
until the required coordination has been completed. The district engineer will initiate the Federal, Tribal,
and state coordination required to determine if the items or remains warrant a recovery effort or if the site
is eligible for listing in the National Register of Historic Places.

Y. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that the individual and cumulative adverse environmental
effects are no more than minimal:

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e.,
on site).

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the individual and cumulative adverse
environmental effects are no more than minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse environmental effects of the proposed activity are no more than minimal, and provides an
activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-
construction notification, the district engineer may determine on a case-by-case basis that compensatory
mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

(d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed
that exceed 3/100-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse environmental effects of the proposed activity are no more than minimal, and provides an
activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied
through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e)
of this general condition. For losses of stream bed of 3/100-acre or less that require pre-construction
notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream rehabilitation,
enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will
normally include a requirement for the restoration or enhancement, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or
maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring
riparian areas involves planting vegetation, only native species should be planted. The width of the
required riparian area will address documented water quality or aquatic habitat loss concerns. Normally,
the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may
require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is
not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is
a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district
engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate form of minimization or compensatory

mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory
mitigation for wetland losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the
applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option
if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse
environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is
mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an
appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is
submitted to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.

(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure
that the authorized activity results in no more than minimal individual and cumulative adverse
environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).)

(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,
aquatic resource restoration should be the first compensatory mitigation option considered for permittee-
responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for
submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district
engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses
the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer
before the permittee begins work in waters of the United States, unless the district engineer determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible
mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in
which another federal agency holds an easement, the district engineer will coordinate with that federal
agency to determine if proposed compensatory mitigation project is compatible with the terms of the
easement.

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to
address only the baseline conditions at the impact site and the number of credits to be provided (see 33
CFR 332.4(c)(1)(ii)).

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring requirements)
may be addressed through conditions added to the NWP authorization, instead of components of a
compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits
of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any
NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if
compensatory mitigation is provided that replaces or restores some of the lost waters. However,
compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already
meeting the established acreage limits also satisfies the no more than minimal impact requirement for the
NWPs.

(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible
mitigation. When developing a compensatory mitigation proposal, the permittee must consider

appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities
resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be
environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have
marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party or parties
responsible for the implementation and performance of the compensatory mitigation project, and, if
required, its long-term management.

(i) Where certain functions and services of waters of the United States are permanently adversely affected
by a regulated activity, such as discharges of dredged or fill material into waters of the United States that
will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained
utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the
activity to the no more than minimal level.

Z. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not
previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality
certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the
permittee cannot comply with all of the conditions of a water quality certification previously issued by
certifying authority for the issuance of the NWP, then the permittee must obtain a water quality
certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP.

(b) If the NWP activity requires pre-construction notification and the certifying authority has not
previously certified compliance of an NWP with CWA section 401, the proposed discharge is not
authorized by an NWP until water quality certification is obtained or waived. If the certifying authority
issues a water quality certification for the proposed discharge, the permittee must submit a copy of the
certification to the district engineer. The discharge is not authorized by an NWP until the district engineer
has notified the permittee that the water quality certification requirement has been satisfied by the
issuance of a water quality certification or a waiver.

c) The district engineer or certifying authority may require additional water quality management measures
to ensure that the authorized activity does not result in more than minimal degradation of water quality.

AA. Coastal Zone Management. In coastal states where an NWP has not previously received a state
coastal zone management consistency concurrence, an individual state coastal zone management
consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR
330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management
consistency concurrence previously issued by the state, then the permittee must obtain an individual
coastal zone management consistency concurrence or presumption of concurrence in order for the activity
to be authorized by an NWP. The district engineer or a state may require additional measures to ensure
that the authorized activity is consistent with state coastal zone management requirements.

BB. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may
have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions
added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality
Certification, or by the state in its Coastal Zone Management Act consistency determination.

CC. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new
owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the
nationwide permit verification must be attached to the letter, and the letter must contain the following
statement and signature:

“When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of
this nationwide permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date below.”

_____________________________________________
(Transferee)

_____________________________________________
(Date)

DD. Compliance Certification. Each permittee who receives an NWP verification letter from the
Corps must provide a signed certification documenting completion of the authorized activity and
implementation of any required compensatory mitigation. The success of any required permittee-
responsible mitigation, including the achievement of ecological performance standards, will be addressed
separately by the district engineer. The Corps will provide the permittee the certification document with
the NWP verification letter. The certification document will include:

(a) A statement that the authorized activity was done in accordance with the NWP authorization,
including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in
accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to
satisfy the compensatory mitigation requirements, the certification must include the documentation
required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource
type of credits; and

(c) The signature of the permittee certifying the completion of the activity and mitigation.

The completed certification document must be submitted to the district engineer within 30 days of
completion of the authorized activity or the implementation of any required compensatory mitigation,
whichever occurs later.

EE. Required Mitigation:

NCDOT is required to mitigate for unavoidable impacts to jurisdictional Waters and Wetlands associated
with the R-2511 project. The following impacts shall be mitigated at a 2:1 ratio: 1.277 acres of Riparian
wetlands, 0.35 acres of Non-Riparian wetlands and 635 linear feet of stream in the Tar-Pamlico
03020103 HUC as well as 2.495 acres of Riparian wetlands and 1322 linear feet in the Roanoke
03010107 HUC. The attached mitigation transfer form shall be provided back to the USACE upon
completion of mitigation and prior to the impacts to jurisdictional Waters and Wetlands.

Definitions:

Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the
adverse environmental effects on surface water quality resulting from development. BMPs are categorized as
structural or non-structural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation),
enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting
unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has
been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require
reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term “discharge” means any discharge of dredged or fill material into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration,
enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure,
functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where
the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual
model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the
proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat
type or riparian area type in the region.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to
heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected
aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement
does not result in a gain in aquatic resource area.

Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to
develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in
aquatic resource area.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a
rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along
shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical
markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height
reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or predicted reach of
the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or
other intense storm.

Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or
other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the
Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within
such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or
Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).

Independent utility: A test to determine what constitutes a single and complete non-linear 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.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are
still reasonably foreseeable.

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling,
flooding, excavation, or drainage because of the regulated activity. The loss of stream bed includes the acres of
stream bed that are permanently adversely affected by filling or excavation because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to
dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of
waters of the United States is a threshold measurement of the impact to jurisdictional waters or wetlands for
determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering
compensatory mitigation that may be used to offset losses of aquatic functions and services. Waters of the United
States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations
after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities that do not require Department of the Army authorization, such as activities eligible for
exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of
the United States.

Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at
33 CFR part 329.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-
tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of
precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be
determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or
absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams,
lakes, and ponds.

Ordinary High Water Mark: The term ordinary high water mark means that line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank,
shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or
other appropriate means that consider the characteristics of the surrounding areas.

Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year.

Practicable: Available and capable of being done after taking into consideration cost, existing technology, and
logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a
particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar
document that includes information about the proposed work and its anticipated environmental effects. Pre-
construction notification may be required by the terms and conditions of a nationwide permit, or by regional
conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction
notification is not required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near
those aquatic resources. This term includes activities commonly associated with the protection and maintenance

of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does
not result in a gain of aquatic resource area or functions.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal
of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a
former aquatic resource and results in a gain in aquatic resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic
resource function, but does not result in a gain in aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains
in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation.

Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines.
Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are
recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles
results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate
characterize pools.

Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine shorelines. Riparian areas are
transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects
riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands.
Riparian areas provide a variety of ecological functions and services and help improve or maintain local water
quality. (See general condition 23.)

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production.
Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments
(i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate
materials placed into waters for shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of getting people,
goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or
more waterbodies at separate and distant locations. The term “single and complete project” is defined as that
portion of the total linear project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at
separate and distant locations, each crossing is considered a single and complete project for purposes of NWP
authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly
shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered
separately.

Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined
at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers. A single and complete non-linear project must have independent utility (see
definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid
the limits in an NWP authorization.

Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the
purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse
effects of changes in land use on the aquatic environment.

Stormwater management facilities: Stormwater management facilities are those facilities, including but not
limited to, stormwater retention and detention ponds and best management practices, which retain water for a
period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients,
sediments, hazardous substances and other pollutants) of stormwater runoff.

Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be
bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but
outside of the ordinary high water marks, are not considered part of the stream bed.

Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more
than minimal interruption of normal stream processes. A channelized jurisdictional stream remains a water of the
United States.

Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap,
jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored
floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. 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.

Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian
tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against
alienation.

Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority,
unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise
to legally enforceable remedies.

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas
that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as
seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.

Waterbody: For purposes of the NWPs, a waterbody is a “water of the United States.” If a wetland is adjacent to a
waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered
together as a single aquatic unit (see 33 CFR 328.4(c)(2)).

REGIONAL CONDITIONS:

The following Regional Conditions have been approved by the Wilmington District for the Nationwide
Permits (NWPs) published in the January 13, 2021, Federal Register (86 FR 2744) announcing the
reissuance of 12 existing (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions
and definitions with some modifications.

A. EXCLUDED WATERS AND/OR AREAS

The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These
waters are:

1. Anadromous Fish Spawning Areas. Work in waters of the U.S. designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as
anadromous fish spawning areas are prohibited from February 15th through June 30th, without prior written
approval from the Corps and the appropriate wildlife agencies (NCDMF, NCWRC and/or the National Marine
Fisheries Service (NMFS)). Work in waters of the U.S. designated by NCWRC as primary nursery areas in inland
waters are prohibited from February 15th through September 30th, without prior written approval from the Corps
and the appropriate wildlife agencies. Work in waters of the U.S. designated by NCDMF as primary nursery areas
shall be coordinated with NCDMF prior to being authorized by this NWP. Coordination with NCDMF may result
in a required construction moratorium during periods of significant biological productivity or critical life stages.

2. Trout Waters Moratorium. Work in waters of the U.S. in the designated trout watersheds of North Carolina are
prohibited from October 15th through April 15th without prior written approval from the NCWRC, or from the
Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is
located on EBCI trust land. (See Section C.3. above for information on the designated trout watersheds).

3. Sturgeon Spawning Areas. No in-water work shall be conducted in waters of the U.S. designated by the
National Marine Fisheries Service as Atlantic sturgeon critical habitat from February 1st through June 30th. No
in-water work shall be conducted in waters of the U.S. in the Roanoke River designated as Atlantic sturgeon
critical habitat from February 1st through June 30th, and August 1st through October 31st, without prior written
approval from NMFS.

4. Submerged Aquatic Vegetation. Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any
NWP, except NWP 48, NWP 55 and NWP 56, unless Essential Fish Habitat (EFH) consultation has been
completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens
Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District Engineer prior to
commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the
Corps that the requirements of the Magnuson-Stevens Act have been satisfied and that the activity is verified.

B. REGIONAL CONDITIONS APPLICABLE TO ALL NWP’s

A. Mitigation for Loss of Stream Bed. For any NWP that results in a loss of more than 0.02 acres of stream bed,
the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment, unless the District Engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate, or the adverse effects of the proposed
activity are minimal. For stream bed losses of 0.02 acres or less that require a PCN, the District Engineer may
determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in
minimal adverse effect on the aquatic environment.

B. Riprap. For all NWPs that allow for the use of riprap material for bank stabilization, the following conditions
shall be applied:

a. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina
waters. The placement of filter fabric is not required if the riprap will be pushed or “keyed” into the bank of the
waterbody. A waiver from the specifications in this Regional Condition must be requested in writing.

b. Riprap shall be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the
finished top elevation of the riprap should not exceed that of the original stream bed.

C. Culvert Placement. For all NWPs that allow for culvert placement, the following conditions shall be applied:

a. For all NWPs that involve the construction/installation of culverts, measures shall be included in the
construction/installation that will promote the safe passage of fish and other aquatic organisms Placement of
culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts
with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or

equal to 48 inches. If the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
Culvert burial is not required for structures less than 72 inch diameter/width, where the slope of the culvert will be
greater than 2.5%, provided that all alternative options for flattening the slope have been investigated and aquatic
life movement/connectivity has been provided when possible (e.g., rock ladders, cross vanes, sills, baffles etc.).
Culvert burial is not required when bedrock is present in culvert locations.

Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately
accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to
maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.

A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued
by the Corp. This waiver request must be specific as to the reasons(s) for the request. The waiver will be issued if
it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. Culverts
placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the
culverts must be of adequate size and/or number to ensure unrestricted transmission of water.

b. Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-full channel cross
sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full
flows.

c. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and
allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and
below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the
stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the
width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles,
benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are
used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such
that they receive only flows above bankfull.

D. Utility Lines. For all NWPs that allow for the construction and installation of utility lines, the following
conditions shall be applied:

a. Utility lines consisting of aerial electric power transmission lines crossing navigable waters of the U.S. (which
are defined at 33 CFR part 329) must comply with the applicable minimum clearances specified in 33 CFR
322.5(i).

b. The work area authorized by this permit, including temporary and/or permanent fills, will be minimized to the
greatest extent practicable. Justification for work corridors exceeding forty (40) feet in width is required and will
be based on pipeline diameter and length, size of equipment required to construct the utility line, and other
construction information deemed necessary to support the request. The permittee is required to provide this
information to the Corps with the initial PCN package.

c. A plan to restore and re-vegetate wetland areas cleared for construction must be submitted with the required
PCN. Cleared wetland areas shall be re-vegetated, as appropriate, with species of canopy, shrub, and herbaceous
species. The permittee shall not use fescue grass or any other species identified as invasive or exotic species by
the NC Native Plant Society (NCNPS): https://ncwildflower.org/invasive-exotic-species-list/.

d. Any permanently maintained corridor along the utility right of way within forested wetlands shall be
considered a loss of aquatic function. A compensatory mitigation plan will be required for all such impacts

associated with the requested activity if the activity requires a PCN and the cumulative total of permanent
conversion of forested wetlands exceeds 0.1 acres, unless the District Engineer determines in writing that either
some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed
activity are minimal.

Where permanently maintained corridor within forested wetlands is 0.1 acres or less, the District Engineer may
determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in
minimal adverse effects on the aquatic environment.

e. When directional boring or horizontal directional drilling (HDD) under waters of the U.S., including wetlands,
permittees shall closely monitor the project for hydraulic fracturing or “fracking.” Any discharge from hydraulic
fracturing or “fracking” into waters of the U.S., including wetlands, shall be reported to the appropriate Corps
Regulatory Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a result
of any unintended discharges.

E. Temporary Access Fills. The permittee shall submit a PCN to the District Engineer prior to commencing the
activity if the activity will involve the discharge of dredged or fill material into more than 0.1 acres of wetlands or
0.02 acres of stream channel for the construction of temporary access fills and/or temporary road crossings. The
PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, how pre-
project conditions will be restored, and include a timetable for all restoration activities.

F. Northern Long-eared Bat – Endangered Species Act Compliance

The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife
Service (USFWS) in regard to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and
Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and
the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally
listed species and/or federally designated critical habitat.

A. Procedures when the Corps is the lead federal* agency for a project:

The permittee must comply with (1) and (2) below when:

• the project is located in the western 41 counties of North Carolina, to include non-federal aid North Carolina
Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina and is a non-NCDOT project

*Generally, if a project is located on private property or on non-federal land, and the project is not being funded
by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the
Army authorization to impact waters of the U.S. If the project is located on federal land, contact the Corps to
determine the lead federal agency.

(1) A permittee using an NWP must check to see if their project is located in the range of the NLEB by using the
following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of
the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then
required to check the appropriate website in the paragraph below to discover if their project:

• is located in a 12-digit Hydrologic Unit Code area (“red HUC” - shown as red areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.

Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office),
check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html. For the eastern 59 counties in NC

(covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps
found at:
https://www.fws.gov/raleigh/NLEB_RFO.html.

(2) A permittee must submit a PCN to the District Engineer, and receive written verification from the
District Engineer, prior to commencing the activity, if the activity will involve any of the following:

• tree clearing/removal and/or, construction/installation of wind turbines in a red HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use,
(applies anywhere in the range of the NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.

The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS,
provided the activity complies with all applicable NWP terms and general and regional conditions, if the
permittee’s review under A.(1) and A.(2) above shows that the project is:

• located outside of a red HUC (and there are no percussive activities), and the activity will NOT include
bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use,
OR;
• located outside of a red HUC and there are percussive activities, but the percussive activities will not
occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or
maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include tree clearing/removal; construction/installation
of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.

B. Procedures when the USACE is not the lead federal agency:

For projects where another federal agency is the lead federal agency - if that other federal agency has
completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that
the project would not cause prohibited incidental take of the NLEB, and (2) completed
coordination/consultation that is required by the USFWS (per the directions on the respective USFWS
office’s website), that project may proceed without PCN to either the USACE or the USFWS, provided
all General and Regional Permit Conditions are met.

The NLEB SLOPES can be viewed on the USACE website at:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/.
Permittees who do not have internet access may contact the USACE at (910) 251- 4633.

G. ESA Programmatic Biological Opinions. The Wilmington District, USFWS, NCDOT, and the FHWA
have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and
designated critical habitat (DCH), and programmatic consultation concerning other federally listed
species and/or DCH may occur in the future. The result of completed programmatic consultation is a
Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms
and conditions to implement the reasonable and prudent measures that are associated with “incidental
take” of whichever species or critical habitat is covered by a specific PBO. Authorization under NWPs is
conditional upon the permittee’s compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in the NWPs.
Failure to comply with the terms and conditions associated with incidental take of an applicable PBO,
where a take of the federally listed species occurs, would constitute an unauthorized take by the permittee,
and would also constitute permittee non-compliance with the authorization under the NWPs. If the terms
and conditions of a specific PBO (or PBOs) apply to a project, the Corps will include this/these
requirements in any NWP verification that may be issued for a project. For an activity/project that does
not require a PCN, the terms and conditions of the applicable PBO(s) also apply to that non-notifying

activity/project. The USFWS is the appropriate authority to determine compliance with the terms and
conditions of its PBO and the ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/.

H. Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures proposed
for placement in waters of the U.S. The structures and measures should be depicted on maps, surveys or
drawings showing location and impacts to jurisdictional wetlands and streams.

C. SECTION 401 WATER QUALITY CERTIFICATION (WQC) AND/OR COASTAL ZONE
MANAGEMENT ACT (CZMA) CONSISTENCY DETERMINATION SUMMARY AND
APPLICABLE CONDITIONS

The CZMA Consistency Determination and all Water Quality Certifications for the NWPs can be found
at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-
Permits/

Action ID Number: SAW-2004-11082 County: Beaufort/Martin Counties

Permittee: Paul Williams
NCDOT Division 1

Project Name: NCDOT/FROM SR1205 SOUTH ALONG US17 TO BE/ TIP # R-2511

Date Verification Issued: November 23, 2021

Project Manager: Kyle Barnes

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
Attn: Kyle Barnes

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Paul Williams NCDOT Division 1

File Number: SAW-2004-11082 Date: November 23,
2021
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Kyle Barnes
2407 West 5th Street
Washington, North Carolina 27889
If you only have questions regarding the appeal process you may
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5th Street
Washington, North Carolina 27889

For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]