20071447 Ver 1_401 Application_20070807

-~-MULKEY
ENGINEERS do CONBU LTA NTB
PO Box 331 27
RALEIGH, NC 27636 ~ T- ~ q q 7
PHONE: [phone]
FAx: 9 1 9-S 5 1- 1 9 1 8
~ .~0 3 d ~
LETTER OF TRANSMITTAL
To: Cyndi Karoly Date: August 24, 2007
NCDWQ-401 Unit
919.733.9721
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604 "* HAND DELIVER **
Re: Hatteras Satellite Building
Job No.: 2005354.00
I am sending you the following item(s):
COPIES DATE NO. DESCRIPTION
1 Wetland Exhibit
1 USACE Approved Nationwide Permit
1 USACE Jurisdictional Determination
1 Permit Special Conditions
1 DCM Wetland determination
1 Cover Letter

These are transmitted as checked below:
^ As requested
® For approval
^ For review and comment
® For your use
^ For Signatures
Remarks:
If you have any questions please contact me at [phone].
Copy to:
Signed: ~_~~~z~n~ ~~i`
Christopher A. Flythe, EI
D ~~~U~~
AUG ~ ~ 2007
DF.iJ6; - 4YA7F_R QUAI.171''
W~T~aNO;= Alp STORM#YA?ER 9RANCH

~~~~`~
August 24, 2007
Cyndi Karoly
NCDWQ-401 Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
07-1447
Ms. Karoly
In the letter from the Tom Steffens, we have been instructed to send this package to you for
approval. It contains the USACE approved Nationwide Permit, Corps Determination letter, Special
Conditions, and a letter from the Division of Coastal Management stating that Costal Wetlands are
outside the limits of the project.
This project is to build a satellite building and parking lot for Dare County to house various County
agencies, including the Sheriffls Office, and the Department of Health.
If you have any questions, or need additional information, please contact me at 919.779.8910 or
c flpthe ~a~,mulke~~inc. c om.
Sincerely,
Christopher A. Flythe, EI
~~~~ad~~
AUG 2 4 2007
[~ENR - WATER QUALITY
WETLANDS AND STQ!2?I~YATER BRANCH
M ULKEY INC. 6750 TRYON ROAD CARP, NC 275) l PO BOX 33727 RALEIGH NC 27636 PH: 979-851-1912 FAX: [phone] WWW.MU LKEYINC.COM

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~J.~. A1~1i~i~t' ~C~RPS ~F ~I~I~II~~Y®~ 0 7- 1 d d 7
WILMINGTON DISTRICT
OR_M ID: SAW-2006-32361-128 County: Dare U.S.G.S. Quad: Hatteras
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Agent: Dare County Finance Department C/O Kendall Turnage, Environmental Professionals Inc.
Address: Post Office Box 1000
Manteo, North Carolina
27954
Telephone No.: 252.475-573
Property description:
Size (acres) 24.43 acres Nearest Town Frisco
Nearest Waterway Pamlico Sound River Basin Pas~c ,•uotank
USGS HUC 03420105 Coordinates N 35.260509 W 75. 580881
Location description 24 43 acre parcel located south of HWY 12 east of Buccaneer Cave, across from an existina
EMS/Fire Station in Frisco Dare County, NorthCarolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based an prelinunary information, there maybe wetlands on the above described property. We stt~ongly suggest you have
this property inspected to determine the extent of Department of the Army {DA} jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary deternrinatian is not an appealable action
under the Regulatory Program Administrative Appeal Process (Re#'erence 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 14 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this deternrination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the pernut requirements of Section 444 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verifred, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, maybe relied upon far a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 2/2/2007. Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date of this notif cation.
_ Please he advised that a Prior Converted Cropland (PC) determination made by the Natural Resource Conservation Service
(NRCS) remains valid as Iong as the area is devoted to an agricultural use. if the land changes to a non-agricultural use,
the PC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes.
_ There are no waters of the U.S., to include wetlands, present on the above described praperty which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
Page 1 of 2

ORM ID: SAW-2006-32361-128
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA}. You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tom Steffens at 252-975-1616 ext 25.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad
continuum of wetlands in the Buxton Woods eco-system, connected to Peters Ditch connected to Pamleco Sound.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional deterrination for the above described site. 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 anal request for appeal (RFA) farm. If you request to appeal this
detenmination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Carps, 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 04/02/2007.
**It is not necessary to submit an RFA fomr to the Division Office if you do not object to the determination in this
correspondence.** , j
Corps Regulatory Official:
Date 02/02/2007
Copy furnished:
Kendall Turnage, Environmental Professionals, Inc.
Expiration Date 02/02/2012
Page 2 of 2

r,
JURISDICTIONAL DETERMINATIOi`~ Revised 8113/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NIJMBER: SAW-2006-32361-128
PROJECT LOCATION INFORMATION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): N 35.260509 W 75.580881
Approximate size of area (parcel) reviewed, including uplands: 24.73 acres.
Name of nearest waterway: Pamlico Sound
Name of watershed: Pasquotank
JURISDICTIONAL DETERMINATION
Completed: Desktop determination [Q Date:
Site visits} ~ Date(s): 09/29/2006
Jurisdictional Determination {JD):
Preliminary JD -Based on available information, ^ there appear to be (or} ^ there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
3 31 }.
Approved JD - An approved JD is an appealable action (R.eference 33 CFR part 331).
Check al] that apply:
[~ There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance} within the 3eviewed
a+-ea. Approximate size of jurisdictional area:
~, .There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: + / - 2.0 acres.
] There are "isolated, non-navigable, intro-state waters or wetlands" within the reviewed area.
(~ Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Detem~inatian of No 3urisdiction.
BASIS OF JIJRISDIC3'IONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to trans ort interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the IJnited States":
Q' (!)The presence of waters, which are cw-rentiy used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
[~ (2}The presence of interstate waters including interstate wetlands.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams}, mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, ar natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4} Impoundments of waters otherwise defined as waters of the US.
[Q (5}The presence of a tributary to a water identified in (1) - (4) above.
[Q (6) The presence of territorial seas.
IQi l7} The presr_.nce ofwetlandS adjacent2 to other waters of the US; except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictiaTal water or
wetland is riot itself a navigable water of the United States, describe coru+ectio+r(s) to the downstream navigable waters. If B(1) or B(3)
is used as the Basis ofJurisdiction, docurent navigability and/or interstate commerce connectio:z (i.e., discuss site corsditiora, including
wlty the waterbody is navigable mtd/or how the destruction of the waterbody could affect interstate or foreign commerce). If B{2, 9, 5 or
6) is used as the Basis ojJurisdiction, docur+tent the rationale used to make the determination. IfB(7) is used as the Basis of
Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and is part of a broad continuum of wetlands in the Buxton Woods eco-system, connected to Peters
Ditch, connected to Pamlico Sound.
Page 3 of 2

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
(: Ordinary High Water Mark indicated by: ^' High Tide Line indicated by:
^ clear, natural line impressed on the bank ^ oil or scum line along shore objects
^ the presence of litter and debris ^ f ne shell or debris deposits (foreshore)
^ changes in the character of soil ^ physical markings/characteristics
^ destruction of terrestrial vegetation ^ tidal gages
^ shelving other:
^ other:
Mean High Water Mark indicated by:
^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Kendall Turnage
Basis For Not Asserting Jurisdictiou:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a){1, 2, or 4-7).
Headquarters declined to approvejurisdiction on the basis of33 CFR part 328.3(a}(3).
The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States:
^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
^ Artificially indgated areas, which would revert to upland if the irrigation ceased.
^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and
reiain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
^ Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
^ Water-filled depressions created in dry land incidental to consbvction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 328.3{a}.
^ Isolated, intrastate wetland with no nexus to interstate commerce.
^ Priar converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
^ Non-tidal drainage or irrigation ditches excavated on dry ]and. Explain rationale:
^ Other (explain):
DATA REVLEWED FOl2 JURSl.DICTIONAL DETERMINATION (mark all that apply):
~', Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 09/12/2005, prepared by (company): EPI
^ This office does not concur with the delineation report, dated ,prepared by (company):
Data sheets prepared by the Corps.
Q Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps: Hatteras
[~ U.S. Gealogical Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
(~ USDA Natural Resources Conservation Service Soil Survey: Dare / 20
National wetlands inventory maps:
Q State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
[~ 100-year Floodplain Elevation is: {NGVD)
Aerial Photographs (Name & Date):
~] Other photographs (Date):
Advanced Identification Wetland maps:
Site visitldetermination conducted on: 09/29/2005
~LJ Applicable/supporiing case iaiv:
Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Caps Wetland Delineation Manual (87 Manual) (i.e., occun-ence of
hydrophyiic vegetation, hydric soils and wetland hydrology).
ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like are also adjacent.

oz-~aa7
WZ~"~~1IhIGTc:}~ I~:ISTRIC`'~('
Acttan TD, 2t~070z7~~ C'ounry: I)Jtre I>~GS C~uad: I3u~ton ~ t
GE F:RAT~ PE~l4~IIT {REGIC?Nr~L AND NATION~'~'IDE) VERIFICATION'
I'.roperty 4u=.ner I authorized A.~ent:
Address: Past Office Bo:~ IA04
~Iantea North Carolina
271 S4
:Dare Cotttt;ty Finance Department
Telephone h'o.: 252-475-5731
Size anal lacat.ion of property (water lady, read natner`nuntlaer, town, etc.}: 2.43 acre si#e Located at 5034G ~C Il~vv. ].2,
in Frisco, Dare Cflunty, ltiorth Carolina.
.Description of projects area and acti~~ity: Fill for municipal Office huiidin;~.
Applicable Law=: ® Section 404 (glean ~~~ater Act, 33 L7SC 1344}
® Section 10 {Rivers and Harbors Act, 33 USC 4{)3)
Authorization: Reaianal General Pen~ut Nutvber:
Natianw7de Permit Number: NZ'~'18
Your work is authorized by the above referenced pern~it provided it is accomplished in strict accordance with the at:taclled
conditions anal your subn~tted plans. Any violation of dre attached canditians ar deti=iation from your submitted plans may subject thz•~
pem~ittee to a stop v,=ork order, a restoration order and/or appropriate legal action.
This verification twill remain valid until the expiration date identified. helm= unless the nationwide authorization is modified,
suspended or revoked. If; prier to the expiration date identified below, tl~e nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration. date identified below, provided it complies with all requirements of
the modified. nationwide permit. If the natanw~ide 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 nationw7de permit, activities ~~°hich base commenced ~i.e., era
under construction) or are utYder contrail to canunence in reliance upon the nationwide permit, ~~11 remain authorized prop%ided the
activity is completed within t1~%elve months of the date of the nations=ide permit's expiration, modification or revocation, unless
discretionary authority has beeat exercised on a case-by-case basis to modify, suspend ar revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 1~4"at~r Quality Certification.. Yau
should contact the NC Division afZ~Tater Quality {telephone {919) 733-1?$b) to determine Section 401 requirements.
Far activities occtzrrirrg ~~zthin the twenty coastal counties subject to regulafiian under the Coastal Area ?vlanagement Act (C.riMA),
prior to beg:iz~z7ing work you must contact the N.C. Division of Coastal Management
"Phis Department of the Army verification does not relieve the permittee of the responsibility to obtain any adzer required Federal,
State or local appri~vais.•'pernuts.
If there are any questions regarding Phis verification, an}= of the canditians of the Permit, ar the Carps of Engineers regulator}=
program, please carztact Toth Steffens at 252-97>-I6Ifi ext. 25.
Cotes Regulatory Official "-' '' ;~ Date: 08123/2007
Expiration Date of ~'erificatian: 0 Z?I12009
'Tile ~~'ilmingtotr Di.str:ict is comm:it[ed to providing the highest level of support to the public. Ta help us ensure eve catttinue to do sa, .
please carraplete the attached customer Satisfaction. Survey ar visit http:;','w~vw.sa~v.u.lace.arznv.zniL'~'E_TI_;ANf7S,='indcY_html to
complete the suzvey online,
C~apy :Fumislted: ~ ~ ~ ~ ~~ ~ ~
Christopher A. Fly~the E.I,, h~Iulkey Engineers anal Consultants ~ IJ
AUG G 4 2007
'31~~t - VYA7ER Ql1ALITY
U~Tt.nrJC.~ .~~D STtI!i!uNyATE~R BRANCH
Page 1 of 2

ll~termirtaton of Jurisdiction:
^ Based on pre:li.nYi.nazy information, there appear to be waters of the LIS including wetlands within the above described project area.
This prelinlitlary deterrzunatiou is not an appealable action under the Regulatory Program Adminislratiz•c Appeal :Process
( Reference 33 CFR. Part 331).
^ There are I~~avieable ~ti atea-s of the t.7nited States within the above described project area subject to the pernzit recltzirements of
Section 10 of`the Iti~=ers and I~arbors pct and S~.ctinn X04 of the Clean Water Act. Ltzless There is a change in the law or our
published regulations, this determination maybe relied upcan for a period not to e;~ceed fzve years from the date of this
notification.
^ There are ~~raters of the i?S and,'or wetlands ti~•itlrin the above described. project area subje-ct to the permit requirements of Section.
X144 of the Clean ~~Jater Act. ('CV4'A)(33 USC § 13~~). Unless there is a change in floe la~v or oz~r published regulations, tlli.s
determination nay be relied upon for a period oat to exceed f<<~ }•ears from the date of this notif cation.
The jurisdictio~ial areas ~~~itl~in the above described project area have been id.entifzed under a pre~s~ious action. Please refcrenc.e
jurisdictional. deteniunafion issued 02f~2l200'1. Action 1D 206323&1
}3asis of Jurisdictii~nai L7eternlination:
Corms Regulatory Official: ~~i~~
Date 08!23/200'7
SURVEY PLATS, FIELD SKETCH, ~JETL~ DELINE~'1TION FORl1!iS, PROJECT .PLAINS, ETC., M[TST BE
r11'TACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnishzd:
Christopher A. Flythe E..I., Mulkey En~inzers and Consultatlts
Yale 2 czf 2

f
~'ES ~~~'-1.'~C.i-~~J L)1~TE: OSI23120t17
1~-iEMC)RrhNDt1~1 FC)I~. REC;t~Itl:)
SL1l31ECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential. Fish Habitat.
1. t~ction. Lt). 2111~702'7~~
2. Project 1~?at~ae and Ivocation: Dare Ct-unty Satellite t7ffice
3. Mitigation [Section 404(b)(1) GuidelinesJ.
a. Has applicant avoided anti minimized impacts to the maximum p~~acticable extent? YES
If NO, Explain:
b. Is compensatory mitigation. necessary`? I'ES
Explain: ~'V4' 18 rertuires mitigation ~n harrier islands
~. Endangered Species {Section 7 of the F_,SA.).
a. Z~' iii any threatened ar endangered species or their critical habitats be affected by this project? 110
If YES, d~;scribe steps taken to address concen~s:
5. Culhtral Resources (Section. lOb of the 1~,rHP~}.
a. ~'Vill any Cultural Resources be impacted by ibis project? hti
b. If YES, describe steps taken to address concerns:
b. Essential Fish. Habiiat (5Q CFR Part 6fl0, Magnuson-Ste~>ens fact).
a. Is this a project that "may adrrersely affect essential fish habitat"? 1`
b. If YES, describe steps taken to address concerns:
Corps Regulator}r C}flicial:

Actian ID Nunxber:200702'744 Cc~~rnty:Dare
E'ernxttee: Dare Crxunty Satellite Office
Date Permit Issued: 08123/2007
Project i'Yianager. Taixx Steffens
Uparx coinpletian of the activity authorized by this permit and. an~7 nxiti;atian rewired by the permit,
sign this certification and return. it to the folla~cving; address:
IJS AR11IY CORPS Cap' ENGINEERS
VVI:III~IIPl~G'TON DISTRICT
'4'VILNIINGTON R:>JGTJLATOR~' FIELD OFFICE
.POST OFFICE BOX 180
~'~'ILI~IINGTON, NO 2TfI CAROLINA 28402-1890
Please Hate that your pernutted activity is subject to a compliance inspection by a [1. S. Array Carps of
Engineers representative. If you fail. to cornpl~yr with this permit you are subject to permit suspension,
modification, ar revocation.
I hereby certify that the wank antharized by the shave referenced permit has been completed in
accordance with the terms anal condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

August 23, ?007
Regulatozy Division
OTt>4f ID: aA'~~'-200?-027~~-128
Dare Cazznty Finaz~Ge Departrrzent
Past Office Bax 1.{100
Manteo, North Carolina
2795
Permit Special. Conditions
Yaur wank is authorzLed by ?~Iation«~ide P~ rrrl z 1 ~ :zrovided it is actamplished in strict
ateardante ~vitll the attatl~ed Cezzeral Canditians acid the fallawi.ng.Special Conditions:
a. All urork authorized by this permit must: be performed izz strct Gampliance with the
sul~rrzitted plans, ~vh:iGh are a part of this permit.
b. The Pennittee shall. preser~re az~d maintain X2,688 square feet (0.98 acre) of
DA jurisdictiazlal wetlands as identified in the application; and sourced from the
DA jurisdictional determination sigzaed February 2, 2007, (ORM ID 2006-
3x361-128). The Pennittee is prohibited front performing any ofthe falla~~•ing
activities ~vixhizl the Gaz~ser~ration area: Filling; grading; excavating; earth
movement of any kind; GonstniGtion of roads,l}uildings, signs, or any other
stnzcture; any activity that znay alter the drainage patterns an the property; the
destruction, mo~~-ing, ar other alteration of vegetation on the property; disposal or
storage of azzy garbage, trash, ar other ~~~aste material; or airy other activity which
~vauld result in the wetlands being adversely= impacted or destroyed. ~"orzsenlutic~n
a~•ecz ~~oundrx~, s7iall fi~ cler~z•!31 ~tir~rkerl to ~rcvent fi~tzrr~e nrxdv~~-tc~nt irn~r~cts.
t. "1'he Pennittee shall execute az7d cause to be retarded a conservation easement
prohibiting Chase activities listed in Ganditioz~ b. abave. The Pennittee shall
pro~ride the Corps of Engineers, a copy of the recorded easement within GO
days of the retardation of the easement. The Pennittee shall take na action
inconsistent i~°:itll the terms and puzpase of the tanservatian easement an the
property described. therein.
cl. Condition t. above runs with tl~e land. The Pennittee snail. rzat sell., lease, ar
athenk=ise convey any interest in the propez~y without first providing sixty {60) days
written notice to the Corps of Engineers of the proposed tonveyanGe. The instrument
efi'ectiz~g such coati=eyance shall include legally binding restrictions an tl~e use of thz
mitigation property as described in Condition b. abave, to be ezrfarteable b}7 the Pennittee
as u-ell as the U.S. Anny C`.orps of Engineers, ~~iln~ington District. The instrunzez~t
establishing such restrictions shall be subject to the apl~raval of the Car1-~s of Engineers. ~~ ~~
The Pennittee shall enforce the terms of the reciuired restrictions.

~-

e. Excavated or fill material sha11 not be placed in a~xy location ar in any manner sa as
to impair surface water flo~sv auto or aut of any wetland area.
If you have not already] done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Wafer Quality, telcpllone {919} 733-1786, regarding Section 401 Water
Quality Cert'ification.~ This natioai~vide ~peiznit does not relieve you of the responsibility to
obtain other rer~uired State or local approval. This verification will be valid for t~vo years
from the date of this letter unless the nation«fide authorization is modified, reissued or
revoked.
Thank you for your tune and cooperation. Questions or comments maybe addressed '~
to Mr. Steffens, Washington Regulatory Field Office, telephone {?52) 97~-1.61fi,
extension 25,

/~~ 07- 1 X47
........M., ~,..
~~~~
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
P~ichael F. Easley, Governor Charles S. Jones, director William G. Ross Jr., Secretary
!lugust 17, 2000
?~Y~r. Christopher Flythe
'vlulkey Engineers and Consultants
~75t) "t rv-on Road
Cann, h'C 27511
Re: Presence of Coastal Vl'etlands on the Uare County 1~-lunicipal
Building Site in Frisco,l~C
Dear 1~'lr. Flythe,
Un august 10, 2{)06 1 examined the site of the proposed Dare County l~flunicipal Building on 1~?C
High~a-ay 12 in Frisco to dcteriiae if the area cc~ntain~d Coastal. V4'etland t~reas of
Fnvironniental Concen~. The site plan draw-in~~s ~-au ha~re su~brnitted indicate that construction
efforts v~rill be Iinlited to the no7~thern 2(>> feet of the propertyy. :after re~~ie~~-ing the on-site
conditioT~ts L~~ithin this are=~, I have determined that this portion of the propert;Y does not contain
C'oa.Gtal ~~'etlands. I Io~~ever, if construction ..plans chan~,~e and. the area to be disturbed l~-il1
extend beyond the current 265-foot. limit, additional Coastal V~%eiland delineations gill ~be
required.
Please do not hesitate to contact me at our Elizabeth City office (252-264-3901) i~'you have any
questions car comments.
Sincerely,
~ _
' . ~ rl
t
~ }' $,
1
.~Oliil Cece
Field Representative
1367 U.S. 17 South; Elizabeth City, North Carolina 27909
Phone: [phone] i FAX: [phone] Internet: www.nccoastalmanagement,net
~n Lqual Gppo~tunity i iaffi; mative .action, En~pioyer - 30°f'o Recycled by Fii/er Weigh;

0 7" 1 4 q~
NATIONti~'Il)E PERI~'IIT' IS
I)F;PAIt'I'i~'IF.N"T OF TI-IE ARI1-I`r'
CORPS OF ENGINEERS
FINAL NOTICE OF ISSL ANC:E AND :~~IO.I)I'CAT'.I:ON OF 1`~ATIONt~'IDE PERMITS
FF..I)ERAL REGISTER
AUTHOI2IZEI)11~)AI2CH 1~1, 2()f)7
1liilor Discharges. }~~}inor discharges of dred~~ed oa• 1:11 material ia~to all tivaters of the
tlaaited States, provided r}ae activity- meets aJl «f the fi311ij~°in~ criteria:
(a) 'I'l7e quantit}. ol`dischar~~~ed anaterial and the volume of aa•ea excavated. do neat. exceed
25 cubic yards l~eJo>~- the l~Jane otthe ordinary high water mark car the high tide line;;
(L~) The discJ~arge ~vi}1 not cause the loss of moa•e than 1 r'~l U acre of waters cat the Linited
States; and
(.C) The discharge is not placed for the purpose cif a stream diversion.
Ncrtification: The permit ee must sukaa~~it a pre-coa~sta•uction a~otification to the district
engineer prior to cc:amnlencing the activity if: (}}The discharge or the vcaluane of aa-ea excavated
exceeds J ~ cubic yards below the p}ane of the ordinary }3igJ~ ti~•ater mark or the high tide live, ar
(2}the discharge is iat a sl7ecial agtaatic site, including wetlands. (See genera} condition 27.}
(Sections 1(~ and ~t)~)

?ti.~T.IC)NWIDI~:.PI~It~1I".i' C'~:)i~T)1`I"'CC)tiS
T`he followin{~ General C'onditicins must he fcilkir ed in order for env authorization by a Nti~'I' to
hz~ ~s31ic3-
l . Navi~~ati<itt. {a) Nil activity may cause more than a minimal adverse effect. on
navigation.
{bj .!fin}~ safety lights and signals prescribed by the 11.5. C"oast. C~iuard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable tivaters of the United Stales,
(c) The pe~•~~~itlee understands and agrees that. if future operations b}- tl~~e United States
require the removal, relocation, or other alteration, of the structure or work herein authorized., ar
if, in the cipiniotl cif the Secretary o~l'the Armv or his authorized representative, said structure or
~%orl~ shall cause ctnreasot~ablc. ob>tructic-sn torthe free navigation of the navigable l~~aters, the
permittee will be required, upon due niitice from. the C;orl3s of 1_ngit7eers. tt:t remove, relocate, or
alter the structural. ti~-c>rk or obstructions caused thereby, ~vithaut expense to tl~e ilnited States. No
claim sha11 be made against the l~~nited States on ac-count of any such ren~t:>val or alteration.
2. Aquatic l..ife 1~lovettients. h~o activity nlay substantially disrupt t13e necessaty° life cycle
movements ofthnse spr;cies of aquatic life indi~7enous to the ~vaterbcidy, including those species
that normally n~it~rate throubl7 the area. unless tf7e activit}='s primary= purpose is t~~ impound
tivater. Culverts placed in sti-earns must. be installed to maintain lotiv flown conditions.
^f
a. Spa«~tatng ,treas. Activities in spativning areas dut-ing spaurni~Yg seasons must be
avoided to the maximum extent practicable. Activities that result in the physical dest~•itction {e.g.,
through excavation, till. or duGVnstream smothering by sttbsta~ltial turbidity} cifan important
spawtlingT area are not authorized.
~. 'y%1i~ratorv Bird Breedin~Y Areas. Activities in tivaters of the l united States that serve as
breeding areas fair migratarf birds must be az%aided to the maximum extent. practicable.
5. Sizellfish Beds. No activih- may occur in areas of.`concentrated shellfish populations.
unless the activity is directly related to a shellfish harvesting activity authorized la}' N~~'Ps 4 and.
~8.
6. Suitable h~laterial. No activity may use unsuitable material (e.g., trash. debris, car
bodies, asphalt, etc.). Material used for constrrtctiotl ar discharged must be free fi•am toxic
17ollutL3nts i~n toxic amounts {see Section 3{J7 ofthe Glean Water Actl.
7. V4~ater Sup~v Intakes. Na activity tnav occur in the proximity ofa public ~vatei• supply,,
intake, except where the activity- is for t11e repair or impt•civun~ent oaf public water supply intake
structures ar aciiacent bank stabiliratiot~t.
8 '~dvet5e 1_:ffects 1~rot~t~ Ltnpoundmenis. Ifthe activity creates an imlaoundtnerit ofw°ater,
adverse el t~,cts to the aquatic system due to accelerating the passage of ~~~ater. and!or restricting
its flow rl~ust be minimized to the maxiii3t.tm ex ent practicable.
-.

~?, iy9ana=Yext~ent at Water Plows. To the maximum extent practicable, tlae pre-construction
course, condition, capacity, and location of open w°aters must be maintained ~fo~• e~~ch activit;~.
including stream channeliration and storm ti~tater management activities, except as provided
below. The activity must be constrt~cteci tc> ~vithstancl expected high flows. "I'he activity must not
restrict or impede the passage of normal or high floes, unless tl~e prii7lary pureose of the aetivit}'
is to i~7lpound r~~ater or manage high t7o~vs. "l'he activit}~ 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).
1{}. Fills Within I Od-Fear Flood lp ains. The activity must comply ~~Yith applicable FE1~~lA-
approved state car local f7oc~dplain management requirements.
11. Equipment.. Heavy equipment t~°orkit~~ in r~~etlands or mudfiats must. be placed on
masts. or oilier ~tleasures must lie taken to minimize soil disturbance.
l2. Soil l:rosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operatin~~~ condition during construction, and all
exposed soil and other fills, as well as any work belo~~ t ze ordinary high i~~ater mark {:jr high tide
line, must be permanent)}' stabilised at the earliest. practicable date. f'ermittees arc encouraged to
pez•form rvoc•k .within waters of the tnited States during periods of lo~~'-fioty- or no-tlc?w.
1 u3. Relio~-a1 of "I'empararv Fills. Temporary tills must be removed in (heir ealtirety and
the affected areas returned to pre-construction elevations. "I'he af'lected areas must be
revege:tated. as appropriate.
l~. -Proper h~iaintenancc. Any authorized structure or frill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity nay 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 ~~-ith direct managem~.nt responsibility to~r such river, ha4 determined.
in writing that the proposed ac-tivity tivill nc~t adversely aftect the Wild and Scenic .River
designation or study status. Information on Wild and Scenic- Rivers ma}t be obtair~~ed from the
appropriate Federal land management a~*ency in the area {e.g., National Pink Service, IJ.S. Forest.
Service, Bureau of l..,anct Management, U.S. l;ish and Wildlife Servicej.
I6. Tribal Ri~?hts. No activity or its operation nay impair reserved tribal a•ights, including,
but not limited to. reserved ivatcr rights and treaty fishing and hunting rights.
17. Endan~~erecl Species. {a1 No activity is authorized under any 1~\~'P which is likely to
jeupat•dire the contincaed existence of a threatened or entfang;recl sl7ecies or a species proposed
:for such designation, as identified under the .Peci~.ral l~ndangered Species Act {ESl'~ ), or «~hich
will destrcn- or adversely n~odifv the critical habitat of such species. No activity is authorized

under an}° N'4~'P which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed act.ivit}~ has been completed,
{b) Federal agencies should folk?~~- their oun procedures for cc?mpl~irlg ~~ith the
requirements of the 1`~:SA. Federal l~ermttecs must provide the district engineer with the
appropriate doctrn7entation tc> demonstrate compliance ~~ ith thc:?se requirements.
{c)Non-federal. permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is irl the vicinity of the project, or if the pr{?ject is
located in designated critical habitat, and shall not bet~7in tivc?rk c?n the activity until notified by the
ciistt•ict engineer that the requirements of the ESA have been satisfied 4rnd that the activity is
authorized. For activities that m}ght affect 1='ederal.ly-listed endangered or tl~reatoned 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 t!?at may be affected by the proposed wc>t•k. The district engineer will
determine tivhether the props?sed actn itv '`ma}> affect" or ~~,~ill have ``no effect" to listed species
and designated critical habitat and will notit-y the non-Federal applicant of the Carps'
determination w°ifhin ~5 dad-s of receipt of a cc?mpl~te pro-construction n~?tificatior~. In cases
rv-here the nor-:Federal applicant has identified listed species ur critical habitat that might be
affected or is in the vicinity of the project; and has so notified the C~orps_ the applicruzt shall not
be<~in work until tllo Corps has provided notificatic?n the proposed activities «%ill have "no effect"
on listed species ar critical habitat, or until Section 7 consultations leas been completed.
{dj As a result of formal or informal consultation rv°ith the F~4'S or N1~1I'S the district
en<~itaoer may add species-specific regic?nal endangered species conditions to t}~e Nti~'I's.
{e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ISA. In the absence c?f separate authorization {e..g., an
ESA Section 10 Permit, a Biological {)pinion with "incidental take" provisions, etc,) from the
li.S. FWS or the NMF~S, both lethal and non-lethal "takes" of protected species are in vi<?lation
c?f the I~:SA. lnformatic?n c?n the location of t}Zreatcned and cndangcred species and their critical
habitat can 1~e obtained directly f'rorn the offices of the L1,S. l~u'S and NMfS or their Svc?rld ti~~ide
Web pages at http ';~w~vw.fivs.gov; and htt~p.//vv~irw.ru?aa.gc>v.'inshet•ies:html rospectivel}~.
l 8. Historic Pit?perties. {a) In cases where the district engineer determines that the
activity rnav° affect properties listed, or eligible for listing, ~in the l~lational Register of Historic
Places, the activity is not authorized, until tlae re~quiremcr~ts of Section l06 of the :National
Historic Preservation. Act {N1-II'~1) have beers satislied.
(b) Federal permittees should follow their own procedures for complying with the
requiretnonts c?f Section 1{)b of the National Historic .T'rese.tv~ation Act. (=ederal perrt~.ittees must
provide the district engineer with the appropriatc docun?entat.ion to demonstrate compliance «~~ith
those requirements.
{c) Norl-federal permittees must submit apre-construction notification to the district
engineer if the authorized activity ra~ay have the potential to cause effects tc? any historic
properties listed, determined to be eligible for listing on, c?r potentia}ly eligible for listing c?n the
National Register of'1-lstc~ric Plzces. including; previously unidentified properties. For such
activities, the pre-construction notification must state which Ixistor•ic properties may be affr:c-fed
by the proposed ~vc~rk or include a vicinity map it?dicating the location of the liistaric propert}es
<?r• the potential for the presence of historic properties. Assistance regarding infornnation ot? the
location of or potcntial far the presence of historic resources can be song=ht from the. State
~}

1-lstoric Presere•atian Officer or "I-ribal Historic Preservati~?n Officer. as a}apr°ol•?r•iatt;. and die
?rational :Register of Historic Places (see 3 ~ CFR a>0.~(g)). "1'he district engineer shall make a
reasonable and good faith effar-t to carry out appropriate identi:f~icatir?n efiforCs. which may= include
background research, consultation, c?rat histc?ry intervie~~~s, sample fie}d in~~esti~7ation, and hold
survey. Based era the infon»atioti 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 applica~lt has identified histaric properties which the activity
may have the potential to cause effects anal so notified f}ae C'orps, the norl-Federal applicant shall
not begin the activity until nc?tif ed by, the district engineer either that the activity has no potential
to cause effects or that cc.?nsultatian under Sectican 1()6 of the i~IEfPA has been completed..
{d} The district engineer will notify the prospectil•o permittee within 45 days of receipt.
c?f`a complete pre-construction notification whether NI-IPA Section 106 consultation is required..
Section 106 consultation is not required when fihe Carps detern~ines that the activity loos not
ha~~°i; the potential to cause effects on histaric properties {see 36 CSR 8~0.3(a)). IfNHI'A secti<:?n
106 consultation is required and will occur, the district engineer ~~-i11 notify the non-Federal
applicant that he c?r she cannot begin tivork anti} Section 106 consultation is con~~~leted.
{ej Prt?spectre permittees sl~auld be a~vaa•i that. section l 1()k of the ~'~H1':~ {Ifi IJ.S.~;.
~70h-2(k)) prevents the Corps fi•am granting a permit ar ether assistance to an applicant ~~,~ho,
with intent to avoid the requirements of Section 106 of the NI-~PA_ has intentionally significantly
adversely affected a historic property to which tht', penr~it would relate, or having legal power to
prevent it. allow-ed such significant adverse effect to occur, unless the (::orps, after consultation
with the Advisory Council on I~listoric Preservatic?n {ACNP}, determines that circumstances
justify granting such assistance despite the adverse effect created ar permitted by tl~e applicant.
If circumstances justify grantn<~ the assistance, the Corps is required to notify the ACl-1P and
provide documentation specifying the circumstances, explaining the degree of damage to the
inte~.zrity of any historic properties affected, and prapc?sed miti~„~atian. This documentation must
include any view°s obtained frcain the applicu~t, ST-IPO'THl'O; appropriate Indian tribes if the
undertaking occurs on ar affects historic properties on tribal lands or affects properties t?f interest
to those tril?es, and other parties knowjl to have a legitimate interest its the impacts Ca the
permitted activity on historic properties.
19. Designated Critical Resource ~~'aters. Critical resource v~•=aters inchide, NOAA-
desi~a~ated marine sanctuaries. National Estuarine :Research. Reserves; state natural heritage sites,
and outstanding national resource waters or other ~r-atei-s officially designated by a state as
having: particular envirc?rimental or ca?lagical si=anificance and identified by the district eni7ineer
after notice and opportunity for public carilmenC. "1'he district. engineer may also designate
additional. critical resource «°aters after nc?tice and oppartunitti~ far comment.
(a) Discharges of dredged or f-ill matexial into evaters of the 1.7nitod States are not
authorized by Nti~'Ps 7. f ?, l~: 16. f 7. ? 1, 2~, 31, . 39. ~0. ~2, 43, =1=1, 4r), and SO for any
actir~•ite ~~-ithin, or directly affecting==. critical resource c~%aters, includir?g ti~~etlat~ds adjacent to such
waters.
{b) 1=or NVVPs ~, $, 1(), l 3, l ~?. 18, l {~, 22, 2>, ? 5, 27, 21~. 30, ~~. ~=1, 36, 37, and 38,
i1«ti~fication is required in accordance whir general et?ndition 27, for any activity proposed in the
designated critical reaaurce «raters inchrding vve~tlands atfjacont to that; ?eaters. The district
en~~>ineer may atithori2c activities under these Nl~'Ps only after it is determined tl?at the impacts
ti) the critical rc-source 1~-titers will be no rrtorc than rninit~l~al.

~?~. n~Iitigat.ian. `l'he district engineer w'ilJ consider the falJoeving factt?.rs when
determining appropriate anal practicable mitigatc~r~ necessary to ensure that adverse effects on
the aquatic environment are mirzitnal:
{a)'The actvity° must be designed and constructed to a~•oid and minitTti~_e adverse effects,
Moth temporal•}~ and pert-narhnt, t~~ r~~a~ters of the united States to the rllaxin~ut•n extent practicable
at the prt?ject site {i.e., on site}.
{h) Mitigation ul all its fortt3s {ati•oiding. minimizing, rectifying. reducing. or
campensatint~) will be required to the extent necessary° to ensure that the adverse effects to t}~e
aquatic envit•anment are minimal.
(c) Compensatory mitigation at a minimum one-for-ane ratio will be required for all
lvetland losses tJ~at exceed :1/10 acre and require pre-construction notii:tcatic>n, unless the district
engineer determines in writing that same ether form of mitigation wauld be more
environmentally appropriate and provides aproject-specific waiver of this requirement. Far
r etland lasses of l lI ~ acre ar less that require pre-construction natificati{an, the district engineer
may determine on a case-by-case basis that cempensataty mitigation is required. to ensure that
the activity results in minimal adverse effects on the aquatic envit•on.t~nent. Siazce the likelihaed {:tf`
success is greater anti the impacts to potentially valuable uplands are reduced, ~~et}and
restaratian slx~uld be the first compensatory mitigation aption cansidered.
{d) Far losses of streams or other open waters that require pre-construction notilicatitm,
the district engineer may- require compensatory mitigation, such as st~•eam restaratian. to ensure
that the activity results in minimal adverse effects on the aquatic en> iranment.
{e} Compensatory mitigatit~n will not be used to increase the acreage lasses alloti~~ed by
the acreage limits of the N~~'Ps. For example, if'an Nu'P has an acreage lt~~it of l'2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1 ~? acre of waters of
the United States, even if cotnpensatary miti~ratic7n is provided that replaces ar restores same of
the last waters. Holvever, compensatory mitigation can axed should lie used. as necessary, to
ensure that a prt~ject already meeting the established acreage lia~tlits also satt~,fies the minitnaI
impact requirement associated ~~-ith the N1~'Ps.
(f~ Compensatory mitigation plans far laroJects in or neat• st~•eams ar ether open waters
ti~-ill t~armally int:Iude a requirement for the estab}ishment, maintenance.. and legal protection
{e.g., col~selw~ation easements) of riparian areas next to open ~~-°aters. In some cases, riparian areas
may be the onJ}-° compensatory mitigatioa~ required, kiparian areas should consist oftlative
species. T11e width ofthe required riparian area will address documented water quality° ar aquatic
habitat lass concerns. Normally, the riparian area will be 25 to St} feat tivide on each side o1'the
stream, bui the district engineer may require slightly wider riparian arras to address dacutncnted
water quality ar habitat loss concerns. where bath tivetlands and open waters exist on the pri~ject
site, the district engineer vv-ill determine the appropriate cc>mpensatoi~~ mitigation {e.g., riparian
areas andr`ar lvetlands cornpetlsatian} based on w°hat is best far thf. aquatic enviranment an a
watershed basis. In cases ~~he.t•e ripa~-ian areas are determined to be the most appropriate farm of
compensatory miti~~ation, the district en<,~ineer may waive or reduce the t•equireme~lt to pravide
~~-eiland compensatory mitiL~atien far ti~~etland losses.
(4T) f'et•mittees may propose the use of mitigation banlts. in-lieu :E'ee art•angements ar
separate activity-specific compensatory mitigation. In a}1 cases, the mitigation previsions will
specify the part}- respansible for accar~~~plishing and/or camplyia7g with the mitigation plan.
G

{h} ~~'hcre certain f-t.itlctions and set vices o(~~~aters c~fthe United. States are }3errr~anent}y
acjverscil"` afteoted, sue}1 as the cans-~,rsion of a forested or scrub-shrub ~~-etland to a herbaceous
vet}and in a permanently maintained utility Line right-of-w•ay, mitigation may be required to
reduce. the adverse effects ofthe pt•oject to the minimal level.
?I. Z~'ater Quality. t~~J~ere States and autht>rized Tribes, or EPA where applicable, J1ave
trot previously certified compliance of an'~~~'P ~~~ith CW.~1 Section 401., individual 401 1~'ater
Quality Certification must be obtained tar waived {see 33 CFR .33t).4{~)). The district en~~ineer or
State or Tt•ibe ma_v require additional water qualit~~ management measures to ensure that the
authorized activity does not result in more than minimal degradatiotl ofwa~ter cluaJity.
22. Coastal 7_,one '~~lanat?enaent. In coastal states where an ~WP has not previously
recei~-ed a state coastal zone management consistency concut•t•ence, an indir iciual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see ~3 CFR 330.4{d)). The district engineer or a State nlay require additional
measures to ensure, that the authorized acttvty is consistent ~vih state coastal zone: management
rec}uiremetats.
23. Ret~ionaJ and Case-Bv-Case Conditions. "Iylie activity must comply with any regional
renditions that may" have been added by the Division l:n~~ineer {see 3 ~ CFR. 330.4{e}} atld ti~~ith
any case specific conditions added by the Corps or by the state, Indian 'Tribe, or U.S. L-'.f~~ in its
section 401 t~'ater Quality Certification. or by the state in its Coastal Lone Management pct
consiste.tzcv deteranination.
24. Use of Mu}tipie Nationwide J'ermitti. T"he owe of more than one N~rP for a singly and
cernplete project is prohibited, except r~--}aen the acreage loss oi'~w~aters of the Ihlited States
authorized by the NWPs does not exceed the acrea<~e limit ofthe N1~1"I' with. the highest specified
acreage limit. For exatl"tple, if a t•ead crossing= over tidal ~~%aters is constructed under'~?1~- J? 14,
lvith associated bank stabilization authorized by NG~'P 13. the maximut7t acreage loss of waters
of the United States fc~r tl~e total project cantlot exceed I/ ~-acre.
2>. Taansfer of`Nationtivide Pen~~it l'erificatiens. ifthe permittee se}Js the property
associated with a nationwide permit verifca~tion, the permittee may transfer the natiomvide
permit verification. to the ne4v c~~vner by submitting a letter to tl~e 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 si~t~ature;
`'When the structures ar work authorized by t11is nationwide permit axe still in existence at the
tine: the property is transferred. the terms and conditions of this nationwide permit, including any
special conditions, will cc:~ntinue to be binding on the ne~~ otivner(s} of the property. To validate
7

the transfer ofthis nationwide permit and the associated liabilities associated rvitt} compliance
~vit17 its terms and conditions, have the transferee sign. and date bLfow."
(Transferee}
Date)
26. Compliance Certification. f::ach permittee ~v~ho received an N WP veri rcation From the
Corps must submit a signed certification regarding the completed work and any required.
mitigation. The certification form must he forearcled by the Carps with the _N bpi' verification
letter and tivill include:
{a} A statement that the authorized work vas done in accordance with the NW'P
authorization, including any general or sl~seciiic conditions;
{b} A statement that any required mitigation vvas carnpleted in accordance with the pern7it
conditic7ns; and
{c} 'I"he signature ofthe permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. {a} Timin~.~. ~~'here required by the terms of the Nt~'I',
the prospective perm.ittee must notify the district engineer by submitting apre-construction
notification {PCN) as early- as possible. The district engineer rnt~st detezlnine if the PCN is
complete tivithin 3U calendar days of the date of receipt and, as a general rule, will request.
additional information necessary to make the f'CN c<>n~plete only once. l-lo~vever, if the
prospoctic°e per7~~ittee does riot provide all. of the requested information, then the district engineer
will notify tl~e prospective pern~ittee that the PCN is still inco~~~plete and the PCN review process
will not commence until. all ol'the requested inft~rmation has been received by the district
engineer. The prospective permittee shall not begin the activity' until either:
{1) He ar she is notified in ~~~riting by the district engineer that the activity may proceed
under tl~e Iti'~~'P ~v°ith any special. conditions imposed by the district or division engineer; or
{2} I=orty-five calendar days Dave passed from the district en~Tineer's receipt ol'the
complete PCN and the prospective permittee has not received written notice from. the district or
division engineer. l-lotivever, if the perrnittee vas required to notify the Corps pursuant to genea•at
condition 17 that listed species or critical habitat mi;~ht affected t:~r in the vicinity ol'the: prajeot,
or to notify the Corps pursuant to general condition 8 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begi~~ the activity u~~til receiving written
notification frc?~n tJle Corps that is "no effect'" on listed species or'`no potential to cause effects''
on historic properties, or that anti• consultation required under Section 7 of the F..ndangered
Species Act {see 33 C.PR 33U.~{f}} and;'or Section l Ofi o~f the National 1-listoric Preservation (see
~3 CP'R 3{).=~{g}} is completed. also, ~~ork cannot begi~l under N1~~'1's 21, =19. or 5(? until the
permittee has received written approval from the Corps. if the proposed activity requi~•es a
written waiver tc? ekceed she-cilied limits ol'an NWP, tl~e permittee cannot begin the activity until
the district engineer issues the tivaiver. lfthc district or division engineer notifies the pe~•mittee in
writing that an individual permit is regnireri ~vitt~in ~`? calendar days oF•receipt of a complete
PC:N, the pen~~ittee cannot begin tl~~e activity until an individual permit leas been obtained.

SuI?sequerrtly, the permittLe's .right to proceed under t}re :~ ~~'T' ma,- be modified, suspended, czar
revoked only in accordance with the procedure set fot-th in 33 C.FIt 330.5{d){2).
(bj Ct~nf~nts of Pre-Cranstructiun Notificaria~; -I"he 1'CN ~11ust be in tiv~ritin~ and include
the follosvring information:
(1) Name, address and telephone numbers of the pro pective permittee,
{2} L<ocation oi'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'v'u'P(s), regional general
permit{sj, or individual permit(s) used or intended to be. used to authorize arly part: oi'the
proposed project or any related activity. The description should be sufficiently detailed to a}lotiv
t:he district engineer to determine that the adverse effects of"the project will be minimal and to
determine the need for compensatory mitigation. Sketches should he provided ti~hen necessary
to shoe that the activity comp}ies ~~=it~h the terms of the 1`~l~'.F'. {Sketches usually clarifti° t}i~
project and ~vlien provided result ire a quicker decision.);
{~.) The PCN must include a delineation. of special aquatic sites and other ~vatcrs of the
Linited States on the prc~jec~t site. '~L'etland delineations rrnrst be prepared in accordance. with d1e
current method required by the Corps. The per•mlttee miry ask the Corps to delineate the special
aquatic sites and other waters of the United States, but tlzcre relay be a delay if the Corps dcaes the
delineation, especially if the pre~ject site is large or contains many eaters of'the United States.
Fur-hhermore, the ~5 day period will not start rurtil the delineation has been submitted to or
completed by tl~e Corps, ~v-here appropriate;
(5) if the proposed activity i~~ill result in the loss of greater d~~z 1 /1 t) acre of ~~etlands and
a t'CN is required., the prospective permittee must submit a staten~ent describing how the
mitigation requir•enrent will be satisfied..~1s an alternative. the prospective permittee may se~cbrnit
a conceptual or detai}e:d miti=anon plan.
{6j lfany listed. species or desi~~nated critical habitat might be affected or is in the vicinity
of the project., or ifthe project. is located in designated critical habitat, for• rro~r-Federal applicants
tl~e PCN must include: the name{s) of those endangered or threatenLd species that might be
affected by the proposed work. or utilize the designated critical habitat that may be affected l?y
the proposed work. Federal applicants ~~~ust provide documentation demonstrating c<:~mpliarlce
with. the F..-.ndangere;d Species .~1ct. and
(7) For are activity that rr7ay affect a historic. l~r•ol~erry listed. on, determined to be eligible
for listing on, or potentially eligible for }fisting orr, the National Register of I-Iistoric Places, for
no~1-.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
a;~plicants must provide documentation demonstrating compliance with Section 106 of the
National I-Iistoric Preservation Act.
{c) Form of l're-Construction Notification: The standard individual pern7it application
form {hc~r-ra~i 1NG 435) may be used, but the completed application Icarm must clearly indicate
that it is a PC`N and must include all of the inforr~~ation required in paragraphs (b){ I) through {~)
of this general condition. A letter containin~~ the required infol•rnation may also be ecscd.
{d j A~encv Coordination: { 1) '1'he~ district engineer will r.onsidcr any comments from
Federal acrd state agencies cc?ncelz~in~T the- proposed activity's compliance tia ith tl~e forms and
conditions of the Nt~'f's and the: need for nritig~ation to reduce tl7e project's adverse
env.ironn~ental effects to a minimal level.

(2j Fot• dll `vh'f' ~$ activities requirv3g pre-construction. notittcation arid. for othcr'~ti~~P
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 112-acre cif waters of the Is'nited Sta#es, the district engineer ~~ i11 itnm~diately
provide (e.g., via facsimile transmi;~sion, ov°crnight mail, or ether expeditious manner) a copy of
the PCN to the appropriate Federal ar state offices (IJ.S. -1~'l~'~, state natilral resource c7r ~~rater
duality agency, f::.Ya; State f-listoric I'reser~°ation C)fficer (SI-1P(~) ar T`ribal Historic Preservation
Office ("T'HPO;), and. if appropriate, the N~-~F"S). With t1~e exception of \Vi%~I' 37, these a~encie4
tivill then have :10 calendar daY-°s from tl~e date tl~e material is trat~snaiited to telephone or fax the
district engineer notice that they intc..t~d t~ provide substantive, site-specific comments. If so
contacted l7y an agency, the district enV~ineer will ~~ait an additional 1 ~ calendar days beFi~re
making a decision on the pre-construction notification. The district engineer will fulh~ consider
agency comments receivedwithin the specified time txame, but will provide no reslaot~se to the
resource agency, ezcept a5 provided beloti~~~. 'I~he district engineer will indicate in the
administrative record associated. with each pre-constrttetion notification that the re~sottrce
agencies' concerns «ere considered.. ForNb~~l' 7, the emergency ~~-ratershtd prc7tection and
rehabilitation activity .tnati° larc>ceed immediately in cases Lvhe;re there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. "I`he district en`?ineer twill
consider anv cutnments received tc? decide whether the N~~'J' 37 authorizati~m should be:
modified, suspended., or revoked in accordance with the procedures at .,3 CFR 330.x.
(3 j In cases of where the prospective hermittee is not a Federal agency, tl~e district
engineer will provide a response #0'~'~1:FS a-ithin 3{) calendat• days of receipt of any Essential
Fish habitat conservation recotntnetrtda~tions, as required by Section 305(h)(4)(E3j of the
Magnuson-Stevens Fishery Conservation and Nlatlagement .act..
(~} applicants are et~eouraged to provide the Cotps mul#iple copies ofpre-construction
notifications to expedite agency coordination.
{5) For'~l~'P ~$ activities that require reporting, the district en<,gineer will prt~vide a copy
o:f each report within 1 t3 calendar days o:f receipt to the appropriate regional offiice of the ~'~•IFS.
{e) District Engineer's Decision: [n reviewing the I'C~~ for the proposed activity, the
district engineer ~-ill detertz~tine u-hetlier the activity authorized by the Nu~P hill result in more
than minimal individual or cumulative adverse environmental effects or may be contrar~° to the
public interest. Ifthe proposed activity requires a PCi~ and tivill result in a loss i~f'greater than
1?l0 acre of wetlands, the prospective peeta~ittee should submit a n~itigat-ion proposal with the
FC:N. applicants may also propose ccnnpensatorl• mitigation for prc3jects w~i#h smaller impacts.
~l'he 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 c~ftJle proposed «-ork are mi_ttimal. 'l"he cotnpetasatot-~~ tz~itigation proposal
may tie either conceptual or detaile-d. If~~the district engineer determines that the activity complies
ivitl~ the terms and conditions of the NW'P and that the adverse effects on the aquatic
environment. are minimal, aster considering mitigation. the district engineer ~vilJ notify- the
pertnittee and include any conditions the district engineer deems necessary. ~l~~he district engineer
must approve any compensatory mitigation proposal beaore the permittee commences evork. l~f
tl~e prc:tspective l~%rmittee elects to submit a compensator~~• mitigation plan ~~ith the I'C'l~I. the
district engineer will expeditiously revie~~~~ the proposed compensatot•y~ mitigation plan. Tl~e
district engineer must revietiv the plan within ~5 calendar days of receiving a complete PC;N and
dctet~a3ine whether the proposed mitigation would ensure no more than minimal adverse effects
ott the ailuatio ens°irt>nt~~e~t~t. If the net adverse effects of the project oa7 the aquatic environm~:nt

{:after consideration ~~f~the, cc:~mpensatory mitigation proposal) a~•e determisted by tl~e district
enginec;r to be rninitr~al, the district engineer ~~ ill prc~vid~ a ti~t~ely uritt~~t re~pr~nse to t17
al~plicarit. "1'he response will stag that. the project can proceed under the terms and conditions of
the N ~'~~ 1'.
It the district engineer deten~~irtes that the adverse ~ffeets of"the proposed ~r~or~ ar4 ,nnz•~
than n~ini.rnal, then the district engineer dvill notifi= tl~e applicant either: f ])That the project does
not qualify #t~r authorization under the l~i~~P a~td instruct the applicant on tl~e procedures to seek
authorization under an individual permit; (:~}that. the project. is autlu>rized under the NWP
subject to the applicant's submission of a t~nitigation plan that ~~°ould reduce the adverse effects
on the aquatic environment to tl~e mirrirnal level; or ("3} that t1-te project is authtx•ized under the
NWl' with specific modi~l~~cations or conditions. Where the district engineer determines that
mitigation is required to ensure no more t%a1~ ~riini.~nal adverse etfLcts c~c~cur to the aquatic
environment, the activity ~n~ill be authc:}rived 'within the ~5-dace i;'C'N period. The autlx~rization.
~vil1 include the itecessarc~ conceptual or sped#~c mititiatic?n oi• a requirement that the applicant
submit a mitigation plan that would reduce the adl ers~: e#~ects on the aquatic eijvironnlent to the
ntinin~al level. When mitigation is required; no work in ~~~aters of irlte Linited states may occur
until the district engineer has approved a specific mitigation plan.
28. Sin~,tle and. Con~pl~te I'roiect. 7`he activity ~t~ust be a single and ec?mplete project_ "l'l~e
same NWP cannot tie used more than once for the same sins.;le and ct~naplete project.
FLJI2THEI2 INF~R:M1~1A'Cl()N
1. District Engineers have authority to detert~t~ine if an activity cnmf~lies with the terms
a~}d conditions of an N~~"P.
?. N~~'Ps do not obviate. the Wend to obtain other- federal., state. car local pe~•~~iits.
approvals, or authorizations required t?y law.
>. N1~'Ps do not grant any property rights ~~~• excit~sive privileges.
~. N~'1's do not. authorize any injury to the property or rights of others.
5. N1~~?Ps do not authorize interference with any existing or proposed l~edcral project.
DEFINITIONS
f~c~st mr~rtr~gr~iP~£~nt~~~actrcxes (13:~9PsI: Policies, practices, procedures, or stc-uctures
implemented to mitigate the adverse environme~ltal effects on surface water quality resulting
fro~tt development. Bl~~ll's are categorized as structural or non-structural.
C'L»>~cTns~rtcal•~~ ntititXcztirara: The. restoration, establishment {creatif:m), enhancement, or
preservation o1' aquatic resources for the purpose c:>f coi7~pensating far unavoidable adverse
impacts whir-h remain after all appropriate and practicable avoidance and ~i~inimiza~tion has been
achieved.
C;zrrr•E}rrtli- sc~rvicc?nlil~: Useable as is or rvifh some xl~aintenance, hut. not sn degraded as to
c;ssentially require reconstruction.
1)i,st~I~ra~•~.~c~: rfh~: term ``discharge" means an} discharge of dredried or fill material.
~'~~laczr~relrl~rtt: The manipul<rtion of the physical chemical, or t~iological characteristics ~~f~
an aquatic resource to heighten, intc.tasit~~. c>r improve a sped#jc L~cluatic r~si~urcc l'unntic:~~~(s}.
l~;nhancemcnt results in the gai~~ cif selected aclu~it~c. resource function{s), but n~~ay a sn lead to a

decline in other aquatic resource function(4) l;r~hancement does not result in a gain in aquatic
resource area.
E~~;?~cr~ae~•a1 str-~~zrra: An ephemeral str.•eam has ~fiowing water only during, and fcrr a short
duration after, precipitation events in a typical year. Cphemeral stream beds are located abcn-e the
water table year-round. Grotrndwa~ter is not a sortrce of ~~~ater for the stream. Runoff` from rainfall
is the pritmarl~ source of water for stream flow.
I'stcablishrrrc~nt (cr-ccc~ti~~ra): The mani~pulaCion of the physical, chemical, or biological
characteristics present to develop arr aquatic resource that did Wert previously exist at an up}and
site, _I ,stablishmertt results in a gain in aquatic resource area.
Historic: Prr~,~~c?rtY: :'any prehistoric or historic district, site (including archaeological
site); building, st~~tcttrre, ar- other object included in, or eligible for inclusiot7 in, the National
Register of 1-{istoric Places maintained br~~ the Se_cretar~- of the Interior. "I7~is teen includes
artifact, records, and remains that are related to and located within such properties. "Che term
includes proper•t~ies of traditional religious and cultural importance to an Indian tribe or Native
I-Ia~vaiian orgatlizatiorr and that meet the National R.et,~~ister criter-ia (3h CFR part 6{)).
Inc~rpc~nr~errt zrtilir~~: A test to detern~tine chat constitutes a single and complete project in
the Corps regulatory program.. A l}t•oject is considered to have independent utility" if` it w"e~uld be
constructed abser~rt 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 o#' a
prc7ject that. ~vc>uld be constructed e~°en if the other phases «•ere not built can. be considered as
separate single and complete projects with independent utility-.
Irttc~y-rrrittenl strc~crrr~r: An intermittent stream has flowing ~~-ate~r during certaitr times of the
year, when grotrnd~vater provides water for stream flow. l:)uring dry peric:xis, interrnittcr~t streams
may not have flowing ~a~ater. Runoff from. rainfall is a supplemental source of «-ater for stream
floe%.
I r~ss vf•r+"'cxtcrs n,[~tCze Z'rzit~~rl States: ~'1'aters of the 1_nited States that are :permanently
adversely affected by filling, flooding, e;xcavatiori, or drainage because of the regu}aced activity.
Permanent adverse effects include pernrane~nt discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation o~Fa ~~--°aterhody, or change the use of a
i~~aterbt}dy. ~C`he acreage of loss of l~-aters of the C!nited States is a threshold measur•emcnt oi~the
impact to jurisiiictional waters for• determining whether ~r project may qualify fii~r an'~`u,~'P; it is
not a net tl~resl~t>}d that is calculated after- consirlerirlg 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 fi}led or excavL~ted. Waters of the (.Initeci States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations a~ftcr construction,
are not included. in the measurerment of loss of'tivaters of the United States. Impacts resulting
from activities eligible for exemptions under Section 40~(f) ofthe Clean l~'ater sect are not`.
considered ~~~he;n calculating the loss of tivaters of the United States.
~'c~n-tir~ul tr-~ tlcrr~cl.• A non-tidal ~~"•etla~nd is a wetland that is not subject to the ebb and
flow of tidal. ~x~aters. The definition of'a ~~~etland can be found at 33 CFR X28. {b). Ni7r1-tic}al
tiwetlands contiguous to tidal waters are located lar~d~xsar•d o~#'the high tide line (i.e., spring high
tide lure).
(~,~~eF~ r~~crtc>>•: For purposes of the N WI's, an open ~~-titer is an~~ area that in a year v,"ith
normal patterns of precipitation 13as water flowing or standing above ground to the extent that an
orclir7ary high ~~Tater mark earl be di"termined. Aclttatic vegetatioal within -the. area of starrtling or
1?

flo~virtg ~~ ater is either-aon-emergent., spa~•se, or absenf. Vegetated shallo~~~s are considered. to be
open ~~~a~ters. Examples of "open tivatcrs"' include rivers, streams, Lakes;, and ponds.
llrclincz~-~~ I~i~Th If'al~r- 1~rrrl,~: ~1n ordinary high tivater mark is a line orl the share
establisheci b}~ the fluctuations of water and indicated bv~ physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas {see 73 C'FR.
P~~rc~r~r~icrr strean2: A perennial stream has flowing «fateryearround during, a typical year.
"The water- table is located abc?we the stream bed for most of the ~-ear. Clround~~~ater is the primary
source of water for stream floGV. Runoff' from rainfall is a sul~rplemental source of ~vate~r for
stream flow.
Pructiccrble: ~vaifable :end capabfe of"being done after taking into e-onsideration cost,
e?cisfiin~ teclanolo~,~y, and Lo~~~istics in Iight of o<<erall projc,ct pt~~rl~~oses,
Pre-ca~zst~•uctir~n not~iizcatir~r~: A request submitted by the project proponent to the Co~-~s
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. F're-construction notification may be required by
the. terms and conditions of a nationwide permit, or b}-• regional conditions. r~ pre-cc~nstruc.tion
notification may be voluntarily submitted in cases where pre-construction r~otitication is not
required and the project proponent G~~ants confirmation thtil the activity is authorized by
nationwide permit.
Preserv<xtior~2: The removal o~f`a threat to, or preventin~~ the decline of, aquatic resources
by an action ~in or near th<:~se aquatic resources. 7~'his term includes activities commonly
associated with the protection and. maintena~~ee of agciatic resources through. the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Fie-est~c~hlish~~xc~r7i: 'I'l~e manipulation o1"the physical, chemical, or biological
characteristics of asite vti-ith die goal of returning natu.ral.'historic fu~~ctions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area..
Rehahilit~atzr~n: The manipulation ofthe physical, chemical., or biological characteristics
of a silo ~~ ith the goal of repairing natural%l~istoric fu3~ctions 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.
R~sit~rari~~rt: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal ofreturning natural/historic functions to a fc7rmer or ciegraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment anal rehabilitation.
Rz~t7c~ cr~~~c~~~r~r~l cor~~,~lex: Ri~f~fle and pe~ol complexes are special aquatic sites under tJ7e
~U~~b)(l}Guidelines. Riffle and pool comple~r~es soanetiznes characterize steep gradient sections
of streams. Such stream sections acre recognizable by their hydraulic characteristics. The rapid
movement of tivater over a course substrate in ~•iffles results in a rough flow, a turbulent surt<xce,
and high dissolved oxygen levels in the water, Pools are dcs:per areas associated with riffles.
slo»-er stream velocity, a streail~ing fla~~-, a sm~?ot11 surface; at~d a f-finer substrate characterize
pools.
Rip~xriat~ arc~czs: Riparian <~i•eas a:re lands adjacent to strearl~s. lakes. anti estuarine-mari~~e
sltc+relincs. Riparian areas a~•e tra~isitional between terrosr.rial and aquatic ecc;systems. tl3rough
1~

which surface and subsurface hydrology connects ti~~aterbadies with their adjacent uplands,
riparian areas prawide a variet)~ of era}ogical functions and services ar~d help in~pr•ove or
maintain local ~%ater quality. (See ~ertc-ral condition 2~.)
;S`hc~ll aslz sec~rlin~; The placement of shellfish seed andlor suitable substrate to increase
shellfish production.. Shel.l~a.h seed crtnsists of4 immatut•e individual shellfish. or indiviciuaI
shellfish attaci}ed to shells ar 4he11 fragments (i.e., spat an shell). Suitable substrate ma}' consist
of s}1e11fish steel s, steel} fragments, or other appropriate materials placed into ~tvaters fcn• shellfish
habitat.
:Sir~.~rlc~ and c°on~,~~le~lcry ~~rc~~c~ct: The term '`single and complete project" iti defined at 33
C;F'IZ 33d.?{i) as the total project prc>piased or aect~mp}idled b}- orle cre~-nen;'developer ar
partnership or other association of owners'deve}opens. f~ sin~~le and complete project must have
independent utility (.see detrnition). Fon linear projects, a '`single and complete project'' is all
crossings oaf a single water of the ~Clrritcd States (i.e., a single rwaterbody) ax a specific locatior7.
For linear projects cnossing7 a single Ovate-rbady several times at separate and distant }orations,
each crossing is considered a single and complete project. I-fowever. individual channels r} a
braided stream c:>r river, or individual arms of a lay-gre, inte:gularly shaped wetland ar lake, etc.. ar•e
nt?t separate ~vaterbodies, and crossings of such featw•es cannot be considered separate}y.
Stnrn~a~a~ater ~nnrac~s,>~~tnenl: Stormtivatzr rnanage~n~ent is die mechanism fin controlling.
starmti~~ater runoff for the purposes of reducing downstr-cam erosion, water duo}ity degradation,
and flooding and mitigating the adverse effects of cl7an~7es in land use an the aquatic
envirarnnent.
,S~r~rmtit~ater mana~;er~rc~~xi f%~rilzties: Storn7~vater mana~~ment facilities are those facilities;
includin¢ but riot limited ta, starmwater• r-etention and Bete-ntian ponds and best management
practices, tivhic}~ retain ~~~ater for a period of'tirne to control runoff andior improve the +.iuality
{i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pol}utants) of storm~v°ater runoff.
aSirclcrrt~ lied: The substrate of the stream channel bettiveen the ordinany high ~-voter marks.
The substrate may be bedrock. or .narganic particles that. range in sire from clay to boulders.
Wetlands c<:rntigiraus to the stream bed, lout outside of the ordinary higir water marks, one not
considered pant of the stream bed.
~Strccxrlr claararac>li~crtzr,n: The rnarripulatian of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A chanr~elized
stream. remains a eater of the Limited St<rtes.
~S`fruc•ture: An ak~ject that is_arran~ed in a defitlite pattern of organization. Examples of
structures include, ~w°itlrout liniitatitm; any pier-. boat dock., boat ramp. wharf dolphin, weir.
boom, breakwater. bulkhead, revetment, riprap, jetty, artiticial island, artificial neef, permanent
mooring structure, power transmission line, permanently moored fixating vessel. pili~rb, aid trr
navigation, or any other rnanrnade obstacle or obstruction.
Tidal ti,•~~tlarrd: A tidal wetland is a tivetland (i.e., water of the Linited Starter) that is
inundated by tidal tiv°aters. The dzfinitians of a w~fetland and Tidal waters can be found ai a3 C}~'_l~
3?°.3(l,) anal 33 C;1-lR 328.E{f), t•espectively. Tidal ~~~aters rise and fail. in a predictable and.
measurable rhythm or cycle~due to the gravitational pulls of the moon and sun. '}'idai waters end
whene the rise and fall of the 1~-glen surface can no longen k?c pr•acticall}= measrirtd in a predictable
rhythm clue to masking by oflrer ~~~aters, ~~ inci. ~~r t~thor effects. Tidal v~~etlartds are }orated
elrannelward of the. high tide line, ~vlrich is defined at 33 C;1=R 328.3~ti).
l4

t'e~rc~tat~,>c~slscrllr~tit~.5: ~;'Lgetated shallows a~•e special aquatic sites under the 404(b}tl.)
Guidelines. "I"ley are areas tl•~at are permanently inundated and under normal circumstances have
rooted. aquatic vegetation, such as seagrasses in marine anal estuarine sysieins and a variety of
vascular rooted plants in fi•eshtiyater systems.
t~i'ut~~s•lir~r/1•: For purpc-~ses of the Iti1~~Ps, a ~raterbody is a jurisdictional tivater of thc,
I?nited States that. during a year ~~-ith normal patterns of precipitation, has water flo~vin~.~ or
standing ~~k~ove ground to the extent that an o~•dinary high water mark (ON~'4~:'~~t) or other
indicators ofjurisdietion can be determined, as well as any ~-etlaald area {see 33 C>=R 32;i.3{b)).
if a jurisdictional wetland. is ad•jacea~t--meaning horderin`==, contigucx~s, or neighbt?ring--to a
jurisdictio~lal waterhody displaying an OH~'~~'M o~~ other indicators of jurisdiction, that waterbody
anal its adjacent. ~~etla~Yds are cc:msidered to,.Yether as a single aquatic r:~nit (see 33 CFl2.
32~.4(c)(?)). I~xanlple5 of''`~~-aterk~odies'' include streams, rivers, lakes. ponds; and wetlands.
(5

IZ>t`:G:TONAL C~NDITInS FOR NATION~'VIllE PER'tfIITS I'V THE W'II.'1-lEl:'yG"1't?N
llISTI~IC'I°
1.0 Excl~~ded ~Va#ers
"Tl7e Corps has identified waters that will be excluded from the use of all NVv't''s during certain
timefi•ames. Th~:se waters are;:
1.1. Anadromous Fish Spa~tining Areas
1~'aters of the United States .i~dentifiied by either the North Carolina Division of ~~tarine Fisheries
{NC: D1ti~tF) or the Nortlt Carolitla ti~'ildlifie Resources Conlmissi{:>n (NCV1~'RC') as anadron-tous fish
spawning areas are excluded during the pet°iod beti~~een hbrraarv f 5 and June 3U. v~~ithrn~t prier
written appro~•al froth NCD'4~1F or NCt~%'RC and. the C:ores.
1.2. Tron# Waters lY"[aratorium
t~'aters of the [7nited States in the t~~enty-five designated trout counties of North. Carolina are
excluded. during the period between October 15 and April 1.5 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the t~~~enty-five trout counties).
1.3. Sturgeon Spav~.rting Areas
1'~'aters of the United States designated as stury~eon spawning areas are excluded during the
period between. February 1 and Jun% >0, L~~ithout prior written approval from the National ~%larine
Fisheries Set-vice {N1~1FS).
2.0 Waters Itecluiring Additional No#itica#ion
't`he t:;itrps has idcnti:f:ied «~aters that will be subject to additional notiticati«tt requirements for
activities authorized by all Nth'"P's. -hhes~ rvat~ers are:
2.1. ti'~'estern NC Conn#ies #hat Drain to Designated Critical .Habitat
~~`aters of the L;.S. that requires a Prt-Construction Notification pursuant to Cxeneral Condition
2 r {FCN) and located in the sixteen counties listed beto~~-, applicants must provide a copy of the
I'CN to the LJS Fish and Wildlife S~,rvice, l fiQ Zillicoa Street, .~sheville, Ntxth Carolina ?~g0~,
This PC;N must he sent concurrently to the U5 Fish and 1~'ildlife Service and the Corps Asheville
Regulatot~~ Field Office. Please see Cieneraf C'ottdition 17 for specific tlotifiicatian requirements
related to 1?ederally Endangered Species and the follo~vitt<~ website for inFot~nation ot1 the
location of designated critical habitat.
t:;ounties ~r~itl7 tributaries tl~tat drain to designated critical habitat that requit°e n{:>tificatiort to the
Asheville LiS Fish at3d ~'~?ildlife Service: _'~very. (:'fl~rokee, Forsyth, Cirahan~, Hayw=oud.
1 ti

1-lenderson, Jackson, Macon 1~-lecklenburg- [~litchelI, Stakes, Surr~', S~-ain, Transr~lva~lia, L~nian
and yrancey.
~~'ebsite and cif'{ice addresses fi>r Endangered Staecies Act lnft7rmatiz~n:
The l~'ilmin~,~tcm District has developed the fol(o~~~Yn~; E~ebsite fc~r applicants ~~hich }~rovid~-
~uidelines on how to review linked websites and reaps in order to fir(1r11 NWF' general condition
17 requirer~rents.
http:!l~vtiv~~v~.savv.usace.armv.t~ail, «°etland~;jTSA
Applicants «-ho do not have Internet access may contact the appro}ar•iate LrS Fish and V~'ildli:(e
Service offices or tl7e tS Army Corps oPEngineers office listed below.
llS Fish. and t~ildlife Service
Asheville Field Office
1601 Zillicoa Street
Asheville. NC 2g8t)l
"Telephone: (~28) ?58-3939
t'lsheville US Fish and Wildlit~e Service Office counties: All
counties ~~-•est of<3nd including Anson. Stanly, Davidson, .Forsyth and Stc~ke5 Counties
liS Fish and 1~'ildlife Service
Kaleigh Field Office
Post Office Box 337?6
}Zaleigh, NC 27636-3726
Telephone: (919) 8i6-424
Raleigh IJ~S Dish and Wildlife Service Office Counties: all counties east af•and including
Richmond, :1lontgomcry, Randolph, Guilford, and Rockin~~ham Counties.
2.2. Special Desibnation '1t~'atei•s
Arior to t}re use of an~~ :'~ Wl' iii any of the follotirring North Carolina identified ~~Yaters and
%ontiguous laetlands, al.>plicants must comply with Nationc~-ide Perrrait General t::onditioi~ 27
(PCN), The North Carolina waters and contiguous tivetlands that require additional notificatioia
requirements are:
"{outstanding Resource l~'aters,' (C)h~'~') and "l-ligh Quality 14?aters" {1-~(~ti41) (as designated by
the North C'arolrn~~ E;nvironm~;ntal '~lanagcment Cornmissioia), or
``Inlaiad Prii•i~ar~ Nursery Areas" ~ll'Nr1) (as tlesir~nated fay the North Carolina ~~- ildlife
Resources Coinnlissican); or `'C'oiatiguciras Wetlands" {as defined b~- the North Carolina
F;nvironinental >1~~lanage:naent Corrrnlission), or "l'rina~rry Nurser-~° ;'~rtas" (PNA) (as designated by
the North C~'aroliraa ~•lai-ine .Fisheries Comnxission).
17

2.3. Coastal :i.rea Ylanagement Act {C~:~~TA} Areas of Environmental Concern
?\~on-:l?cderal applica7~ts f~~r any N~~'P in a desi~~~ated "Area of Etivironme~~tal C-o~~tern'" {AEC`)
in the twenty {20) cou~3ties of Eastern North Carolina covered by tl~e North C'.aroli~la Coastal
Area Mar~age~t~ent. Act {C: A'41A}. most also obtain the required LAMA permit. Constructio~~
activities tier non-Federal projects rriay nnot con~inence until. a copy ofthe alaproved C<~.l~~A
permit is furnished. to -the approp+-iatc, 4~'ilmi~~btt~n District Regulatory Field C)t~ice {~~'ilmington
Fit;ld ~f-fiee - P.(7. I3c~~ 189~,1~%iimit~~=ton, NC: 2802 or ~Vashin~to~~ I~ield (3ffice --- E'.O. Box
1.000, 1\~aslun=.~ton. NC' ?7889).
2. ~. Barrier Islands
Prior to ihc: t~se of'any N~'P on a barrier island of North CaroCina. applica is must cc}~~~ply Gvitl~
Nationwide Permit Ge~leral Condition ?7 {"PC,N),
2.S.1~Tt~untain i:~r .P'icdmc~nt .Bugs
}}rioa- to the use of L~ny° I~IC~P in a "l~lountai« rn- Piedmont [3og" of North Carolina, applicants
shall comply v,=ith Nation~~~ide Pen~jit General Condition ?7 {l'C~Nj.
Note: Thi (ollo~ving vY°etlantl co~t3n~unit}- types identified in the'~.C. Natural Nerita~e Program
document, "Classillcation ofNa.tural communities of Nt?r•th Carolina {l~~icl~ael .1'. Schafale and
r~lan S. V4`eakley. 1990), art; subject to this regional. condition.
~~lountain 13o~s Piedmc~t~t Bois
S~~-amp Forest-Bo; Coml3lex C>pland depression Swamp
Forest
S~vL~n~p Forest-I3o~ Complex.
{S .race Subt~- e
----
Southern Appalcacl~ia~~ Bob;
{Nortlzern Subt~~ ~e} ..
Southern flppalachian Boo _~
J
{Southern'sul~tti ~e} _
Southern A alachian Fell _
2.6. Animal Waste Facilities
l'rio~• to use ol'any N~~'1' fi7r construi;tion ofanimal ~~•aste facilities in urater-s of the L1S; includl~g
r~tetlands, applicants shall compl=y Frith Nationwide Permit Genera] Condition 27 {i'C~N).
2.7. Trout t~'aters
Prior to any disc,har•~e of dreclpe o~• hll nlatcarial into streams or waterbodies within. the ttivent};-
five {25} de:si<~f~atetl trout counties ofNo~-th Cat°olir}a, the applicant shall co~a~laly ~~-ith
18

Natit?ntivide Pern7it Ge~7e~ral C`onditii>r} 27 {1'C"~ j. T17e applicant. shall also pr~~r°ide a co1~1- cif the
notification to they: appropriate N~'WRC office to facilitate the detern7ination of`an~r potential
impacts to desi~77ated `l~rout 1'4'aters. Nodication to the Corps of F?ngineers ~3•il1 include a.
stater77ent ~~°ith the na~~7e of tl~e NC;1~'R(°; bic7l~~gst contacted. the date ~f the nc~ti~catit~n, the
location of`~~°c7rk. a delineation c7f «~etlands, a discussit~n ofalt~rnati~~es tc~ i~°c~rlin~ in tl7e
mountain trout u~ate~rs, t~~-hti= alternatives were not selecaecl, at7d a plan to provide compensator-
i~niti~ati{gin l:ot• all unavoidable adyersc impacts to mountain trout ~~Tate~rs.
tiC~~'RC and. NC Trotlt Counties
I~rlr. Ro37 Lin~-ille ..~
'~~'estern Piedmont Re<7iot7
Coordinator y .~lle4hany Caldwell 1l-'atauga
38'~~ ldle~vild .Road AShc Mitchell Vv'ilkes
1Leznc.rsville, NC: 2728-91.80 ~ r~verv ..._
Y Stokes

Tole hot7e: {336) 759-9=13 ---~ -_._....
...._.
.Burke
Surr<<~
1t~Ir. Dave Mc1-1e~u-~~ --
Mottntatn RC~;TOn ~.oordinatt)r 13Ltncombe ~e'ndel'SC)17 Polk
2083t} Great S,7~c7k}~ :'~~m.
E=,x . ressu%a Cht;rcikee Jackso~7 Rut.l7erford

...
u'aynesville.'~C 2878f~ Clay ~ Sr~ain
I~'lacon
Tole hone: {828j X72-25=16 Grahaa77 1~ladisc~n Transylvania
l?ax: {828) X52-.7772 1-I:a ~`4~%c~od I~1:c:Doz~~11 ! "~r'an~e~
3.0 List of Carps 13el;ional C'onclitit-ns for ~ll'~ation~side Permits
The follovvin~~ conditions applai to all s~ation~-ide Pe~•r77i~ts. in the ~~rilmin~ton District:
3,I. Limitation oFLass of Perennial Stream I3ee3
NWT's rz1a;~~ not be ~rsed for activities that n~av result in the loss ~~• det.~radatie>t7 o~f greater than
300 total linear feet of perer7nial strean7s. I`I7e N1~`I's mat` not be used. fi)r activities that. n7ay
result in the Ions or de~raclatie>n o:f greater than 300 total. linear feet of ephemeral and intermittent
strean7s that. exhibit in7portant aquatic function(sj* I:,oss of stream includes the linear feet of
stream bed that is filled. excavated, or flooded by tl7e proposed. activity. The District
Com~77ande.r can ~aYaive tl7e 3t}t}linear 1-oot Iin7it for e}~?hemeral a.nd intel•377itter7t strean7s can a ease-
by-case l7asis it`he determines that the proposed acti~•ity ~~°ilI reSUlt in rni~7imal i~7di~=ideal. and.
cun7ulative adverse impacts to the aquatic e7~•ircx7n7e~7t. ~+Vaivers for the lass of epher77era1 and
intermittent strea~77s must be in ~vritir7~. This waiver only applies to the 30(} linear feet threshold
for'~I1~'Ps. Mitigation male still be requited for imp~.7cts to epheme~°al and ii7terr77ittent strs~an7s.
017 arose-lay-case basis, depes7di~7~T: t?i7 the impacts tc~ the aquatic cnyironmcnt oftl7e proposed
project. [*l~'ote: The C'orl~s uses tl7e Strean7 duality :assessment ~~'orksl7eet, located ~~-itl7 Permit
Information on tl7e Re~ulatorti~ Prtia~ran7 'te'ch bite, t~~ aid in t17~ d~tern7inatian oI'aduatic fu~~etit7l~
l~itl7in the inte:rmitte~7t stream chat7~7e1.]
l9

3.2..l~~Cit~ation for Loss of Stream Bed Exceeding 1.50 Feet.
For any N~~P that results in a loss of~mori; than I~0 linea~• feet of perennial and,~'or
ephemeraliintermittent stream, the applii;ant shall prt?vide a mitigation p?-c~pasal tc~ compensate
fc>r the loss ~?f atluatic function assc~ciat~,d ~~~ith the Izrt~lzused a.ctivity~. Fc?r stream 1©sses less then
1>0 linear feet, that requirz a I'C'N, flee L?istrict C'c~f~lmander male determine, can a case-by°-case
basis that compensatoc•~- mitigL~tion is required to ensure that the aetiz=ity results in minimal
adverse effect on the aquatic environmetlt.
3.3. Yre-construction .l`wlotfication for Loss of Strean~t~ed Exeeedii~g 15U Feet.
Eric?r t~? use o:f~an~- Ni~~'P io~• any activity- r~-hich impacts ~xi~~r~ than 15C) tc?tal linear feet of
perennial stream or ephemeral/ intermittent strum; the alaplicant ~rnust comply tivith Natian~vide
1'er~nit Ge~leral C~onditi.t~n 27 {l'C~N}. ~I`his applies to ~'t~'Ps that do not leave specific not-ification
requirements..If'a Nt~'I? has spe~ifis notifi~atic~n requirements, the reyuirernents of tlae l~fVv~'I'
should be follow=ed..
3.4. 1Zestriction ou Lase cif Live Concrete
F`t?r a.ll Nt~%I's «~hieh allc?~~~ the use t?f coy?rret~; as a building nzateria(, measures ~~-ill be take~z tc?
preti=ent live car lr~.sll cr.~ncrete, including; bads c7f uncured concrete, from corning into? cc:~ntact «-ith
?.eaters of the state until the concrete has hay-dened.
3.5. 12eyuirements for Using Riprap for Bank. Stal~ilizatian
For all N1~'Ps that allow for flee use of riprap material fur bank stat?ilizatian, tl~e fallow=int7
meast~rres sha11 be applied;
3.5.1. filter cloth. must. be 1>laeed underneath the riprap cis ara additional requirement of its use in
Nc?rth C'ar•c?lir?a waters,
3,5,2, -I'1?~ placement c?f riprap shall. be l ignited tt? the areas depicted on submitted w°c~rk plan
drakvings.
3.5.3. The riprap material. shall be clean and free #:rom lc>os~; dirt or any pollutant ehcept in trace
quantities tl~a~t would not hay=e an adverse enviro~~~nental effect.
3.5.4. It shall be of'a sire suf'licierlt tc? prevent ixs mc?vetnent from the autht?rived ali~nme~?t by
~?atural forces under normal conditions.
3.5.5. The riprap material. shall consist of clean ruck. or n~asonr~~ material such as, but. nt>t limited
to, Granite, marl. or brc?lien concrete.
2C)

3.a.fi. ~ u%aiver frarr~ the speci~eatic~ns in tli412~ ~ic~nal C.'~;nditi~~~ ~na;~= he reyuesteJ in ~~-ritii~~7.
"I'he waiver mill 011}~ be issued if it can be den7onstrat+~d that the irnpact:s of~cc>mplying ra-ith this
Re~i~~nal condition would result in greater adverse impacts to the aquatic en~~~irontnent.
3.6. Safe Passage l~eyuiireme~is for Culvert )?lacement
hor aLl N~~'~Ps that involve the construetionfinstalla~tion of culverts, ~~neasures tir~ill be included in
the constructio~hinstalla~tion that ~~ill promote the safe passage of'~Fish and ©ther aquatic
organisms. The din7ension, pattern, and profile of'the stream above and below a pipe or cul~-ert.
should not be modified b} w3cienin~ the strewn channel or b}' reducing the depth c~f'the stream its
connection ~n~ith the construction activity. `I"he ~~~icfth, heibht, and gY`adient of a prc~posecl ope~~in~.~
should be such as to pass t'he average historical lore flora and spring flora without adversely
altering florr° velocit}. Spring flora- should be determuaed from gage, data. iravailable. In the
absence o'f` such data., bankfull tlorv~ can be used as a comparable level.
In the tr~ent}- {2U) counties oi`''~orth Carolina desi~~nated as coastal counties 17y the Coastal Area
h~Zanag~ement Act {CA"~le~}: All pipe and culvert bottoms shall be buried at least ane foot below
normal bed elevation when they are placed within the Public Trust. Area of I.nr~iranmental
Co~acern {AEC} andic~r the Estuarine l~'aters AEC" as designated b~, ("AIvfA and;'or all streams
appearing as blue lines nn Lnited Mates Geolo~~ical Survey {L1SC,S} quad sheets,

~~1~F~rt 1=}~.tri~~~.
~pgx~a~cli FiII ~.~sd:~ull b~~I~r~~~st1~~t'il:~e4i
tG ~='T~-+pr~te
d~~'~'i f.1t IL~,L71i~~d~.
~~ ~ Yp •3xM
~4 L LG2tl
In all ether counties: C:'ulverts greater than ~8 inclle;s in diameter will be buried at least one foc}t
beloc~ the bed t?i,the stream. Cltlverts 48 inches in diameter c~?e less shall be buried car placed ~~n
tl-te stream bcd as practicable and al~prc?priate to mainttiin aquatic passa`~'e, and eve-ry effort shall
be made to rnaintL~in the existi~~g cha~~~~el slope. The bottom of the culvert must be placed at a
depth below the ~~atural stream bottom to provide for }aasss~ge during drought or lorr= flow
conditions.
I~estabilizing~ the channel and head cutting upstream should be considered in the placement of
tl~e cu vert.
A rr~aiver from the depth sl?ecificatiot~s in this cc~~ditio~i array be ~•ecluested itt rvi•itin~. "I•l~e waiver
}r~•ill be issued if it can. be dem~~nstrated that tl~e larckposal ~r-ould result: i~~ the least. impacts to the
aquatic et7r ronr~n~:nt.
A11 counties: C`ulr•e~~ts placed in rrctlands do ~1cat have to be buried.
21

3.?. ~ntification to NCllEVIt `shellfish Sa~titation Secti«n
Applicants shall notify tl~e 1~1C;I)iNR. ~;lteli~sh Sanitation Section prior to dted`.;inv. in nr
rernc>ving sedint~:nt froth. at7 area. closed to she:lJ itshin~= r~herc the eftluent tnay be released to an
area open for shell ~isJling or swvimt~ling in order to avoid ct:mtaminatiot~ frnn~ the disposal area.
a~ad cause a tet7~tporary shtvll:fisll closure to be made. etch notification shall also be provided to
the appropriate Corps of Engineers Regulator}~ J~'ield C?Cfice..1ny dispc~saJ of sand to the c~ctan
beach should t~ccur between ~nvembcr J ~~nd April ~0;~~het~ t•ecrcational usa`e is low. Only
clean sand c;hould be used and. no dredged sand from closed shell fishing areas tray be used. if
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area. is to be used,. a svvimtning advisn~-~~ shall be pnstcd, anal a press release shall be
issued.
3.8. Preservation of Subrt'ic~rged Aquatic ~4'e~etat`rr~;;i
,'ldverse itnpt~cts to Subt~ierged Aquatic Vegetation (SAV} are not authorized. by any N~VP
ivitl~in any of the twenty coastal counties defined by ~Nort ~ C;'arolina's Coastal At•ea 11~~anaget~rent
Act nl' 197 {C.Alul~'l).
4.0 Additional Rc~giunal Conditio~~s Applicable to Specific 1~`atic~nwide I'erniits
7•ht:: fc?1Jn~v~itYg regional conditions are regltired for Nth-P #J ~ - lvlinor I)iscJzar~~es:
~.I. ~l"his N~'4'f may not be used in conjttnctinn w~~ith Nt~`P ;~1~ to create upland..
~~

~~: DIZ'ISIC)N OF ~'~.'rEtZ OI7AI:1'I'~ (~1j::'~E-RAL CEEtTIFIC.~TiC)lti ~'(~IrI)1""`TONS
For the inflst recent <Teneral (;es-tilication c~»~ditio7~s. call the NC Div=ision of 1~='ater C)uality,
~~r'etlandsi"=101 Certifcatic~iY l.lnit at {91.9) 7~~-1786 ~i° access the follo~~ing i~ehsite:
lit ~:':1}~2o.~,nr.st~t~.n~.~~s,~'nc~~etl~ ~cl~Iccrt~.l~t~n1
NC T3IVT5:ION OF COASTAL A1A'~`ACTEiYICNT' -STATE C't7NSTS°T`~:NC'~'
In a letter dated i~•1ay 7, 2007, tl~e I~or•th Carolina L}ivision of Coastal Mana~ernent found this
~W~P consistent w=ith the Narth Carolina Coastal ~c~ne Mana~en~ent Program. I~pdates on
LAMA Consistency for:NC:; can be Ii~un~i on the NC L3C'vI ~~-eb site at:
htt,~:1~ ~cm2.~;nr.state.nc,~~sr'"Pern~itfi'consist.l~tn~
IvASTERN BAND OF THE t:HET2OKFE I'YT)IA1~I5 TRIBr=1L «'ATER QUALIT~~
CERTTFTC'A'I'I(J'YS .
In a letter dated ~M.ay 8.2007, tI5 EPA, on behalf of the Eastern -band eaf C.herol;ee Indians,
provided Tribal General C~'onditions for Nationi~~ide Permits on Cherokee Indian Iteseruatinn.
These Tribal. General Conditions are located can the C:,ot~~s website at:
httP~.'/i~ ~ti ti~ .saiv. u5ace.arn-~v.~tvl'l~'ETIlANL)S'1~ 1~':1'2007;'EI3C1-certs.litn~l
Citatior-s•
2007 Nationi~~ide Permits Public Notice for .Final :issue 1:?ate: 1~~'larch 15, 2007
Correction Natice for Nation~~ ide Pern~its, Federal Register l ~'c~l. 72, loo. 88 ' Tur:sday, 1~-'Ian- 8.
2007 / Nt?tices 1.26082
?(}07 SA1~- Re~ic~nal Ct~nciitions - A~tharized June l , ?007
This and other i~~fornlatior~ caal be found o~n tl~e C: ores ~~eb site at:
1~tt:P =',%`~r-~a rv.sa~.~ .usace.arn7~~.n~i 1 ~?~'ETL ANL)SiN~~'1??{107:~natiunti~ ide-Permts.htnll
23

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Name: BUXTON Location: 035° 15' 25.30" N 075° 34' 44.12" W NAD 27
Date: 3/20/2007 Caption: Hatteras Satellite Office
Scale: 1 inch equals 2000 feet
Copyright (C) 1997, Maptech, Inc

-~c ~-0 3 c~ -~
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ 7- 1 4 4 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide n~t_J l S
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
S. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ®See
attached letter ~, ~ ~ la ~"l
~J
II. Applicant Information
AUG 2 ~ 2001
1. Owner/Applicant Information t)EtJR - WAl"FR QUALITY
Name: County of Dare 'bus /~+~ sm!tan~ATF~ swwcH
Mailing Address:__ 207 Budlei~h Street
Manteo, NC 27954
Telephone Number: 252.475.5731 Fax Number: 252.473.5668
E-mail Address:
2. AgentJConsultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher A. Flythe, EI
Company Affiliation: Mulke~Engineers and Consultants
Mailing Address: 6750 Tryon Road
Cary, NC 27518
Telephone Number: 919.858.1823 Fax Number: 919.851.1918
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E-mail Address: [e-mail]
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hatteras Satellite Office
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 052609058391
4. Location
County: Dare Nearest Town: Frisco
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): 5,000' West along--
NC Hwy 12 from Intersection of Old Doctor's Road; east of Buccaneer Cove, across from
Existing EMS/Fire Station, in Frisco, Dare County, North Carolina
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.260509 °N 75.580881 °W
6. Property size (acres): 28.43 AC +/-
7. Name of nearest receiving body of water: Pamlico Sound
8. River Basin: Pasquotank
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property to the east is currently vacant. Property to the west
is residential. Southern portion of site is predominantly wetlands.
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10. Describe the overall project in detail, including the type of equipment to be used: Typical
rg ading equipment will be used including- excavators, bulldozers, and dump trucks.
Equipment to be limited to areas inside the limits of construction/silt fence which is shown
on the plan
11. Explain the purpose of the proposed work: Satellite office for the Dare County Dept. of
Social Services, Planning and Inspections, Health Department, Sheriff's Department, and
Shared support areas.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Jurisdictional determination from USACE signed on 02/02/2007.
ORM ID: SAW-2006-32361-128 (JD is attached)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future~ermit requests anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent fill of Jurisdictional
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Waters of the U.S. for building, including fill slopes and retaining wall, and associated
stormwater pond. Permanent impacts have been extended to 5 feet beyond the proposed building
footprint as well as 5 feet beyond the proposed fill slope.
In addition, Dare County is requesting an additional 35-foot buffer around the edges of the
project area for any temporary impacts that ma by e required during construction for additional
access. If impacted, these areas will be vegetated immediately following the end of the
construction phases. No equipment will be parked or staged for lop -tomperiods in these
temporary impact areas.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill-Permanent Forested Yes 310 0.069
2 Fill-Permanent Forested Yes 450 0.029
3 Temporary Forested Yes 280 0.137
4 Temporary Forested Yes 300 0.063
5 Temporary Forested Yes 235 0.008

Total Wetland Impact (acres) 0.306
3. List the total acreage (estimated) of all existing wetlands on the property: 20 acres +/-
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea~e_ multiply length X width_ then divide by 43.5f(l.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
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5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres): 0.306
Open Water Impact (acres):
Total Irri act to Waters of the U.S. (acres) 0.306
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ®wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.): The ponds are designed as infiltration basins. At peak
capacity for the 10-year storm event, the ponds will infiltrate the soil in under 48 hours.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement; etc.): DWQ required stormwater pond
Current land use in the vicinity of the pond: Forested
Size of watershed draining to pond: 1.61 acres (total of 3 infiltration basin)
Expected pond surface area: 0.3 acres (total of 3 infiltration basins)
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
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were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This site layout was begun with the understanding that there was no available municipal
sanitary sewer system in the vicinity which necessitated a septic system. Suitable soils for a
rg avity system were found in the Proposed location, which is between the parking lot and east of
the building. Due to the size of the required Primary and Reserve septic fields, there were
limitations as to the layout for the rest of the site. The required number of parking spaces meant
that the parking lot would need to be divided in order to minimize the impacts to the nearby
wetlands. The only alternative was to extend the parking lot to the east of the building further
into the wetlands which was unacceptable. Paving was also kept to a minimum by providing
turn-arounds at the ends of each parking lot instead of joining them with a drive aisle at the rear
of the building which would have disturbed additional wetlands. These turn-arounds are
required in for cases of emergency vehicles as well as ag rbage collection trucks. The buildings
and parking lots have been moved out of the wetlands and to the north as far as possible. The
limitation is a 15' building setback which the corner of the building is situated on. The
infiltration basins were placed in their respective locations for several reasons. DWQ requires 2'
separation between the mean Seasonal High Water Table elevation and the bottom of the
infiltration basin. The geotechnical report shows that the water table was near the surface
throughout the site and was closer to the surface the closer to the wetlands that was tested. The
minimum separation could not have been achieved if the basins were shifted further towards the
wetlands.
Though the building is situated on the building setback line as far from the wetlands as possible,
impacts were unavoidable. The impacts were minimized b~requiringa foundation wall at the
southern end of the buildinp~. This wall will extend from the FFE and tie in to the existing rg ade.
No fill will extend from the building into the wetlands in these locations. Since there will be no
fill outside the building in this location no rg ading equipment will need to extend beyond the
southern edge of the building into the wetlands. Silt fence is proposed at this location as a visual
reference and to hinder the contractor from further impacts to the wetlands. NCDENR has iven
approval of the grading and erosion control plan, which is limited to that which is inside the
Limits of Construction. Any disturbance outside the Limits of Construction is a violation of the
Land Disturbance Permit and can result in a fine from them. The contractor will need access at
the rear of the building in order to construct the foundation wall and building itself. For this
reason we have extended the silt fence and permanent impacts to 5 feet off of the building for
scaffolding_and general construction staging.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
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including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A conservation easement will be placed on wetlands within the subject propertyfor
compensatory mitigation for permanent impacts to wetlands. These impacts will be
mitigated for at a 10:1 ratio. A surveyplat describing and locating the conservation easement
will be provided.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
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1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier I Required
(square feet) Mitieation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
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Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Total impervious surface for the entire parcel is 3 55°Io The ap roved permit is attached
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The proposed site will utilize a 2 000 al septic tank which feeds into a 3 000 allon
dosing/pump tank. It is then pum ed to a pressure manifold and into a ravity septic field It has
been designed for capacity of the proposed building only
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
..-~ 7 ago
Applicant/Agent's S ature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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