20070684 Ver 1_Other Agency Comments_20070420

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U.S. ARMY CORPS OF ENGINEERS C ~~4~G~~
WILMINGTON DISTRICT ~ ~]
Action ID: 2007-01706 TIP No: E-2921F State Project No: 8.2352401 County: Chatham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation
Address: Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1548
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): 160 linear feet of 96-inch CMP culvert
with headwall or 160 linear feet of twin 72-inch CMP with headwall and 201inear feet of Class Irip-rap in Indian
Creek at centerline station 42+74 on American Tobacco Trail in Chatham County, North Carolina.
Description of Activity: To replace 1601inear feet of existing twin 54-inch CMP culvert with either 160 linear feet of
96-inch CMP culvert with headwall or twin 72-inch CMP culvert with headwall Approximately 20 linear feet of class
I rip-rap is to be placed at the downstream end of the culvert for scour protection. Temporary diversion will be
accomplished by the use oftemporary diversion structures, the use of one of the existing 54inch culverts and phased
construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 23&33 Nationwide Permit Number
Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or NWF referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and
local agencies before beginning work.
'This verification will remain valid unti119 June 2009 unless the nationwide authorization is modified, reissued or
revoked. If, prior to 19 June 2009 the nationwide permit authorization is reissued and/or modified, this verification
will remain valid unti119 June 2009, provided it complies with all modifications. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the
terms and conditions of the nationwide permit, activities which have commenced (i.e., are un~r construction) or are
under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is

Action ID: 2007-01706 TIP No: E-2921F State Project No: 8.2352401 County: Chatham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a cas~by-case basis to modify, suspend or revoke the authorizeion.
If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the
Corps Regulatory Official specified below.
Date 19 June 2007 ~~~
Corps Regulatory Official Richard K. S encer Telephone No. [phone]
CF: Art King, NCDOT Div 8
John Hennessy, NCDWQ

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DIVLSION OF HIGHWAYS
. ~ CFIATHAM COUH`t'Y
Project 8.2352401 (E-2921F)
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NATIONWIDE PERMIT 23
DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF
ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL
REGISTER AUTHORIZED MARCH 19, 2007
Approved Categorical Exclusions: Activities undertaken, assisted, authorized,
regulated, funded, or financed, in whole or in part, by another Federal agency or
department where that agency or department has determined, pursuant to the Council on
Environmental Quality Regulation for Implementing the Procedural Provisions of the
National Environmental Policy Act (NEPA) (40 CFR part 1500 et seq.), that the activity,
work, or discharge is categorically excluded from environmental documentation because
it is included within a category of actions which neither individually nor cumulatively
have a significant effect on the human environment, and the Office of the Chief of
Engineers (ATTN: CECW-OR) has concurred with that agency's or department's
determination that the activity, work, or discharge is categorically excluded and approved
the activity for authorization under nationwide permit 23. The Office of the Chief of
Engineers may require additional conditions, including preconstruction notification, for
authorization of an agency's categorical exclusions under this nationwide permit.
Notification: Certain categorical exclusions approved for authorization under this NWP
require the permittee to submit apre-construction notification to the district engineer prior to
commencing the activity (see general condition 27). The activities that require pre-
construction notification are listed in the appropriate Regulatory Guidance Letters. (Sections
10 and 404).
Note: The agency or department may submit an application for an activity believed to be
categorically excluded to the Office of the Chief of Engineers (Attn: CECW-CO). Prior
to approval for authorization under this NWP of any agency's activity, the Office of the
Chief of Engineers will solicit public comment. As of the date of issuance of this NWP,
agencies with approved categorical exclusions are the: Bureau of Reclamation, Federal
Highway Administration, and U.S. Coast Guard. Activities approved for authorization
under this NWP as of the date of this notice are found in Corps Regulatory Guidance
Letter OS-07, which is available at:
http://www.usace.army.mil/inet/functions/cw/cecwo/re /r lsindx.htm . Ariy
future approved categorical exclusions will be announced in Regulatory Guidance Letters
and posted on this same web site.

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 23
(APPROVED CATEGORICAL EXCLUSIONS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
WQC #3403
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, Section .0500 and 15A
NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as
described in 33 CFR 330 Appendix A (B) (23) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Number 2670 issued on January 21, 1992, Certification Number 2734
issued on May 1 1993, Certification Number 3107 issued on February 11, 1997 and
Water Quality Certification Number 3361 issued March 18, 2002. This WQC is
rescinded when the Corps of Engineers re-authorizes Nationwide Permit 23 or when
deemed appropriate by the Director of the 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 conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or waters (including streams)
under this General Certification requires notification to the Division of Water
Quality. Two copies shall be submitted to DWQ at the time of notification in
accordance with 15A NCAC 2H .0501(a). Written concurrence from DWQ is not
required unless any standard conditions of this Certification cannot be met;
2. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" whichever is more appropriate (available from the Division of Land
Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more
of wetlands. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from
activities classified as "allowable with mitigation" within the "Table of Uses"
section of the Buffer Rules or require a variance under the Buffer Rules. A
determination of buffer, wetland and stream mitigation requirements shall be
made for any Certification for this Nationwide Permit. The most current design
and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols. When compensatory mitigation

is required for a project, the mitigation plans must be approved by DWQ in writing
before the impacts approved by the Certification occur. The mitigation plan must
be implemented and/or constructed before any permanent building or structure on
site is occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public;
4. Compensatory stream mitigation shall be required at a 1:1 ratio for not only
perennial but also intermittent stream impacts equal to or exceeding 150 feet and
that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I
and WS-II unless the project is a linear, publicly-funded transportation project,
which has a 150-foot per-stream impact allowance;
5. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of
Land Resources has released the project;
6. Measures shall be taken to prevent live or fresh concrete from coming into
contact with freshwaters of the state until the concrete has hardened;
7. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence fora 401 Water Quality Certification must include
the appropriate fee. If a project also requires a CAMA Permit, one payment to
both agencies shall be submitted and will be the higher of the two fees;
8. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other river basins with Riparian Area Protection
Rules [Buffer Rules] in effect at the time of application) requires written
concurrence from DWQ in accordance with 15A NCAC 28.0200. Activities listed
as "exempt" from these rules do not need to apply for written concurrence under
this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-
Pamlico, Randleman and Catawba River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0200. All
new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
9. Additional site-specific conditions may be added to projects for which written
concurrence is required or requested under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
10. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding Nationwide and Regional General
Permits, whichever is sooner;
11. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill

project shall result in revocation of this Certification for the project and may 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 that requires written concurrence under this certification, if it is determined
that the project is likely to have a significant adverse effect upon water quality or
degrade the waters so that existing uses of the wetland, stream 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: March 19, 2007
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director

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

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

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

NATIONWIDE PERMIT GENERAL CONDITIONS
To qualify for-NWP authorization, the prospective permittee must comply with the
following general conditions, as appropriate, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions
have been imposed on an NWP. Prospective permittees should also contact the
appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/or Coastal Zone Management Act consistency for an
NWP.
1. Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized
facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the navigable
waters, the permittee will be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawnin Areas. Activities in spawning areas during spawning seasons must be avoided to
the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg atory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless
the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies,
asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants
in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. 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.
8. Adverse Effects From Impoundments. 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.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must
not restrict or impede the passage of normal or high flows, unless the primary purpose of the
activity is to impound water or manage high flows. The activity may alter the pre-
construction course, condition, capacity, and location of open waters if it benefits the aquatic
environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equi ment. Heavy equipment working in wetlands or mudflats must be placed on mats,
or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must
be used and maintained in effective operating condition during construction, and all exposed
soil and other fills, as well as any 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.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the
affected areas returned to pre-construction elevations. The affected areas must be revegetated,
as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the 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).

16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting rights.
17. Endan eg_red 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. No activity is authorized under any
NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation
addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the
project is located in 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 might affect Federally-listed endangered or
threatened species or designated critical habitat, the pre-construction notification must
include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the
proposed work. The district engineer will determine whether the proposed activity "may
affect" or will have "no effect" to listed species and designated critical habitat and will notify
the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete
pre-construction notification. In cases where the non-Federal applicant has identified listed
species or critical habitat that might be affected or is in the vicinity of the project, and has so
notified the Corps, the applicant shall not begin work until the Corps has provided
notification the proposed activities will have "no effect" on listed species or critical habitat,
or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g.,
an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from
the U.S. FWS 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 U.S. FWS and NMFS or
their world wide Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html
respectively.
18. Historic Properties.
(a) In cases where the district engineer determines that the activity may affect properties
listed, or eligible for listing, in the National Register of Historic Places, the activity is not

authorized, until the requirements of Section 106 of the National Historic Preservation Act
(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. Federal permittees
must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements.
(c) Non-federal permittees must submit apre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For
such activities, the pre-construction notification must state which historic properties may be
affected by the proposed work or include a vicinity map indicating the location of the historic
properties or the potential for the presence of historic properties. Assistance regarding
information on the location of or potential for the presence of historic resources can be
sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as
appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district
engineer shall make a reasonable and good faith effort to carry out appropriate identification
efforts, which may include background research, consultation, oral history interviews, sample
field investigation, and field survey. Based on the information submitted and these efforts,
the district engineer shall determine whether the proposed activity has the potential to cause
an effect on the historic properties. Where the non-Federal applicant has identified historic
properties which the activity may have the potential to cause effects and so notified the
Corps, the non-Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects or that consultation under
Section 106 of the NHPA has been completed.
(d) 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.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA
section 106 consultation is required and will occur, the district engineer will notify the non-
Federal applicant that he or she cannot begin work until Section 106 consultation is
completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h-2(k)) 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, explaining the degree of damage to the integrity of any historic properties
affected, and proposed mitigation. This documentation must include any views obtained from
the applicant, SHPO/THPO, appropriate Indian tribes if the 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.
19. Designated Critical Resource Waters. Critical resource waters include, NOAH-designated
marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and
outstanding national resource waters or other waters officially designated by a state as having
particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters. The
district engineer may authorize activities under these NWPs only after it is determined that
the impacts to the critical resource waters will be no more than minimal.
20. Miti ation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic
environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to
the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification, unless the
district engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides aproject-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district
engineer may determine on a case-by-case basis that compensatory mitigation is required to
ensure that the activity results in minimal adverse effects on the aquatic environment. Since
the likelihood of success is greater and the impacts to potentially valuable uplands are
reduced, wetland restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to
ensure that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it

cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters
of the United States, even if compensatory mitigation is provided that replaces or restores
some of the lost waters. However, compensatory mitigation can and should be used, as
necessary, to ensure that a project already meeting the established acreage limits also satisfies
the minimal impact requirement associated with the NWPs.
(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., conservation easements) of riparian areas next to open waters.-In some cases, riparian
areas may be the only compensatory mitigation required. Riparian areas should consist of
native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on
each side of the stream, but the district engineer may require slightly wider riparian areas to
address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the district engineer will determine the appropriate
compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is
best for the aquatic environment on a watershed basis. In cases where riparian areas are
determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for
wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a
herbaceous wetland in a permanently maintained utility line right-of--way, mitigation may be
required to reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not
previously certified compliance of an NWP with CWA Section 401, individua1401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to
ensure that the authorized activity does not result in more than minimal degradation of water
quality.
22. Coastal Zone Mana ement. In coastal states where an NWP has not previously received a
state coastal zone management consistency concurrence, an individual state coastal zone
management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone
management requirements.
23. 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 section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.

24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage
loss of waters of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated
with a nationwide permit verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the appropriate Corps district office to
validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or 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)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the pernzittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification.
(a) Timing. Where required by the terms of the NWP, the prospective permittee must
notify the district engineer by submitting apre-construction notification (PCN) as early as
possible. The district engineer must determine if the PCN is complete within 30 calendar
days of the date of receipt and, as a general rule, will request additional information
necessary to make the PCN complete only once. However, if the prospective pennittee does
not provide all of the requested information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer.
The prospective permittee shall not begin the activity:
(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 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district
or division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 17 that listed species or critical habitat might affected or in the vicinity of
the project, or to notify the Corps pursuant to general condition 18 that the activity may have
the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the
National Historic Preservation (see 33 CFR 330.4(g)) is completed. Also, work cannot begin
underNWPs 21, 49, or 50 until the permittee has received written approval from the Corps.
If the proposed activity requires a written waiver to exceed specified limits of an NWP, the
permittee cannot begin the activity until the district engineer issues the waiver. If the district
or division engineer notifies the permittee in writing that an individual permit is required
within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity
until an individual permit has been obtained. 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 Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to
allow the district engineer to determine that the adverse effects of the project will be minimal
and to determine the need for compensatory mitigation. 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) The PCN must include a delineation of special aquatic sites and other waters of
the United States on the project site. Wetland delineations must be prepared in accordance
with the current method required by the Corps. The permittee may ask the Corps to delineate
the special aquatic sites and other waters of the United States, but there may be a delay if the
Corps does the delineation, especially if the project site is large or contains many waters of
the United States. Furthermore, the 45 day period will not start until the delineation has been
submitted to or completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands
and a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.

(6) If any listed species or designated critical habitat might be affected or is in the
vicinity of the project, or if the project is located in designated critical habitat, for non-
Federal applicants the PCN must include the name(s) of those endangered or threatened
species that might be affected by the proposed work or utilize the designated critical habitat
that may be affected by the proposed work. Federal applicants must provide documentation
demonstrating compliance with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be
eligible for listing on, or potentially eligible for listing on, the National Register of Historic
Places, for non-Federal applicants the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property. Federal applicants must provide documentation demonstrating compliance with
Section 106 of the National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly
indicate that it is a PCN and must include all of the information required in paragraphs (b)(1)
through (7) of this general condition. A letter containing the required information may also
be used.
(d) A~ency Coordination:
(1) The district engineer will consider any comments from Federal and state
agencies concerning the proposed activity's compliance with the terms and conditions of the
NWPs and the need for mitigation to reduce the project's adverse environmental effects to a
minimal level.
(2) For all NWP 48 activities requiring pre-construction notification and for other
NWP activities requiring pre-construction notification to the district engineer that result in
the loss of greater than 1/2-acre of waters of the United States, the district engineer will
immediately provide (e.g., via facsimile transmission, overnight mail, or other expeditious
manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state
natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or
Tribal Historic Preservation Office (THPO), and, if appropriate, the 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 pre-
construction notification. The district engineer will fully consider agency comments received
within the specified time frame, but will provide no response to the resource agency, except
as provided below. The district engineer will indicate in the administrative record associated
with each pre-construction notification that the resource agencies' concerns were considered.
For NWP 37, the emergency watershed protection and rehabilitation activity may proceed
immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or
revoked in accordance with the procedures at 33 CFR 330.5.

(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-
construction notifications to expedite agency coordination.
(5) For NWP 48 activities-that require reporting, the district engineer will provide a
copy of each report within 10 calendar days of receipt to the appropriate regional office of the
NMFS.
(e) 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. If the proposed activity requires a PCN and will result in a loss
of greater than 1/10 acre of wetlands, the prospective permittee should submit a mitigation
proposal with the PCN. Applicants may also propose compensatory mitigation for projects
with smaller impacts. The district engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. The
compensatory mitigation proposal may be either conceptual or detailed. If the district
engineer determines that the activity complies with the terms and conditions of the 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 elects to submit a
compensatory mitigation plan with the PCN, the district engineer will expeditiously review
the proposed compensatory mitigation plan. The district engineer must review the plan within
45 calendar days of receiving a complete PCN and determine whether the proposed
mitigation would ensure no more than minimal adverse effects on the aquatic environment. If
the net adverse effects of the project on the aquatic environment (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 plan that would reduce the adverse
effects on the aquatic .environment to the minimal level; or (3) that the project is authorized
under the NWP with specific modifications or conditions. Where the district engineer
determines that mitigation is required to ensure no more than minimal adverse effects occur
to the aquatic environment, the activity will be authorized within the 45-day PCN period. The
authorization will include the necessary conceptual or specific mitigation or a requirement
that the applicant submit a mitigation plan that would reduce the adverse effects on the
aquatic environment to the minimal level. When mitigation is required, no work in waters of
the United States may occur until the district engineer has approved a specific mitigation
plan.

28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
D. Further Information
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
E. Definitions
Best mana egLment 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 miti ation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has
been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material and any
activity that causes or results in such a discharge.
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.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above
the water table year-round. Groundwater is not a source of water for the stream. Runoff from
rainfall is the primary source of water for stream flow.
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.

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 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 United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent discharges of dredged or fill material
that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of the United States is a
threshold measurement of the impact to jurisdictional waters for determining whether a
project may qualify for an NWP; it is not a net threshold that is calculated after considering
compensatory mitigation that may be used to offset losses of aquatic functions and services.
The loss of stream bed includes the linear feet of stream bed that is filled or excavated.
Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to
pre-construction contours and elevations after construction, are not included in the
measurement of loss of waters of the United States. Impacts resulting from activities eligible
for exemptions under Section 404(f) of the Clean Water Act are not considered when
calculating the loss of waters of the United States.
Non-tidal wetland: Anon-tidal wetland is a wetland that is not subject to the ebb and flow of
tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring
high tide line).
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 standing
or flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore established
by the fluctuations of water and indicated by physical characteristics, or by other appropriate
means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)).

Perennial stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
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. Apre-
construction notification may be voluntarily submitted incases 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.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of repairing naturaUhistoric functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
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 adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects waterbodies with their adjacent uplands.

Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
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 Qroject: 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. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific
location. For linear projects crossing a single waterbody several times at separate and distant
locations, each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped
wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be
considered separately.
Stormwater mans eg ment: 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 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 wetland (i.e., water of the United States) that is inundated
by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and

measurable 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, which is defined at 33 CFR 328.3(d).
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: For purposes of the NWPs, a waterbody is a jurisdictional water of the United
States that, during a year with normal patterns of precipitation, has water flowing or standing
above ground to the extent that an ordinary high water mark (OHW1Vl) or other indicators of
jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). If a
jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to.a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that
waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33
CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and
wetlands.

DEPARTMENT OF THE ARMY
WILMNGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890.
REPLY TO
ATTENTTON OF:
Permit Number: SAW-200701706/NWP23&33/Chatham County
Permittee: North Carolina Department of Transportation
Issuance: 19 June 2007
Project Manager: Richard K. Spencer
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:
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 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