20051098 Ver 2_More Info Received_20070905

Malpass & Associates
Engineering & Planning
1645 E. Arlington Blvd Suite D
Greenville, NC 27858
I't~i~:~iio- (t_'S2) 156~~ 1780
Fax: [phone]
Friday, August 31, 2007
North Carolina Division of Water Quality
Surface Water Protection Section - 401 Oversight
2321 Crabtree Blvd
Raleigh, NC 27604
05-Ia~~ U~
RE: DWQ# 05-1098: BRIGHTON PLACE SECTION THREE-CORPS OF ENGINEERS NWP 14
To Whom It May Concern:
A PCN was submitted on August 07, 2007 for the above referenced project. Please find enclosed, the
approved Nationwide Permit 14 from the United States Army Corps of Engineers. Seven (7) copies
have been included as requested on the PCN.
If you have any questions, comments or concerns do not hesitate to contact me at [phone] at
the business address above or via e-mail at [e-mail].
Sincerely,
Jamie Midgette, EI
EnGosures: (7) collated copies ofi USACE-NWP 14
Q~~r~oer~~
SEP 5 -.2001
pENR -WATER GlUi~LITY
VVETlAN03 AND STOtAT6R BRANCH

' U.S. ARMY CORPS F ~ ~~ ~ 6 10 " ~
O ENGINEERS
WILMINGTON DISTRICT
Action 1D. -00511506 County: Yitt USGS Quad: Greenville SW
GENERAL PERMIT (REGIt~NAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Br~hton Place of Greenville
Address: c/o Steve Krpata
2361 Portertown Road
Greenville, North Carolina 27858
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Property is a 30 acre tract located un the
west side of North Carolina State Road 1127 in Gum Swamp west of Wintei•ville in Pitt County, North Carolina .
Description of projects area and activity: Modification to permit issued in 10/17/2005 by Tracey L Wheeler P~1ew
stream impacts will be anproximatley 205 linear feet Two exsistin~ crossing will be removed to lessen the
miti~atable impacts from the previous permit. New miti~atable impacts will be 149 linear feet
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-l4
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from }your submitted plans may ~ object the
pernittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be nodified,
reissued, or revoked prior to March 18, ?007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity b fore the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modifi:;ation or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, f~ri:n• to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will rern~iu valid
until the expiration date identified below, provided it complies with all new and/or modified terns and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's auth:~rization
under any NVVP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to deternine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation wider the Coastal Area Management Act (CA.MA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Depa--tment of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
if there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulate+ry
program, please contact Josh R. Pelletier [phone] ex 34.
m ~~
Corps ReguNatory Official
Expiration Late of Verifica • :08/28/2010
Date: 08/28/2007
Q~~~ae~~
SEP 5 - 2007
w~tAN s a~ro s ro~yA~~~CH
Page 1 of 8

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years f_om the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements or Section
404 of thc; Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
^ The jurisdictional areas within the above described project area have been identifiied under a previo~is action. Please reference
jurisdictional determination issued Action ID
Basis of Jurisdictional Determination: This site-exhibits wetland criteria as described in the 1987 Carps Wetland Delineation
Manual and is part of a broad continuum of wetlands connected to Gum Swamn. a trihutarv of tt:e Tar River
Corps Regulatory Official:
Date August 28, 2007
Copy Furnished:
Jamie Midgette, Malpass and Associates
Page 2 of 8

Action Ill Number:2005ll506
County:Pitt
Permittee: Brighton PLace of Greenville, LLC and Frog Level LLC
Date Permit Issued: August 28, 2007
Project M<<nager: Pelletier
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps oiF
Engineers representative. If you fail to comply with this permit you are sufaject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 8

CESAW-RC.-W DATE: 08/28/2007
MEMORAI\IDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential ]mpacts to Endangered Species, Culttn•al Resources
and Essential Fish Habitat.
I .Action ID. 200511506
2. Project Name and Location: Brighton Place of Greenville is located on a 30 acre tract on the west side of North
Carolina State Road 1127 in Gum Swamp west of Winterville in Pitt County, North Carolina
3. Mitigation [Section 404(b)(1) Guidelines].
a. Etas applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain: _
b. L; compensatory mitigation necessary? YES
Explain: Applicant proposes to make payment to EEP
4. Endangered Species (Section 7 of the F,SA).
a. Will any threatened or endangered species or their critical habitats be affected by this project? 1~TO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural 1`.esources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. [s this a project tha- "may adversely affect essential fish habitat"? NO
b. If YES, describe sups taken to address concerns:
Corps Regulatory Official:
Page 4 of S

JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 2005 1 1 506
PROJECT LOCATION INFORMATION:
State: North Carolina
County: Pitt
Center coordinates of site (latitude/longitude): 35.550266 ~-77.449719
Approximate size of area (parcel) reviewed, including uplands: 30 acres.
Name of nearest waterway: Gum Swamp
Name of watershed: Neuse
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ~'] Date: 10/17/2005
Site visit(s) ^ Date(s):
Jurisdictional Determination (JD):
Preliminary JD -13ased on available information, ^ there appear to be (or) ^ there appear to be no "waters of the United States" and/or
"navigable waters of the (Jailed States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331).
Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
^ Ther°e are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
^ There are '`waters of the United States" (as defined by 33 ChR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
^ There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
^ Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject io the ebb and flow of the tide and/or are presently used, or have bf;en used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
~~ (1) The presence of waters, which are currently 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 wet(ands~.
^ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), rnudflats, sandliats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (checl: 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 he used for industrial purposes by industries in interstate commerce.
^ (4) Impoundments of waters otherwise. defined as waters of the US.
^ (~) The presence of a tributary to a water identified in (1) - (4) above.
^ (6) The presence of territorial seas.
® (7) The presence of wetlands adjacent 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). I~~d7e jurisdictional rater or wetlund is not
itself a navigable water of the United States, describe connection(s) to tlae downstream navigable waters. If B(1) or B(3) is used as the Basis of
Jurisdiction, document navlgabilih~ and/or interstate commerce connection (i. e., discuss site conditions, inch~dino n~/ty the waterbod~~ is
navigable and/or hoia~ the destruction of the waterbody could affect interstate or foreign commerce). If f3(2, 4, 5 or 6) is used cas the &asrs of
Jurisdiction, document the rationale used to make the determination. Lf B(7) is used ns the Basis of Jurisdiction, doczunent 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 eomiected to Gum Swamp, a tributary of the Tar River.
Page 5 of 8

Lateral Extent of Jurisdiction: (Reference: 33 CPIt parts 328 and 329)
^ Ord inary High Water Marls indicated by: [~ High Tide Line indicated by:
^ clear, natural line impressed on the bank ^ oil or scum line along shore ok~jects
^ the presence of litter and debris ^ fine shell or debris deposits (foreshore)
^ changes in the eharacrer 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: Henry Wicker
Basis For Not Asserting Jurisdiction:
^ The reviewed area consists entirely of uplands.
^ Unable to confirm the presence of waters in 33 CFR part 328(a)(l, 2, or 4-7).
^ I~teadquar•ters declined to approve jurisdiction on the basis of 33 CFR part 328.3(x)(3).
^ 'Che Corps has made acase-specific determination that the following waters present on the site are not Waters of the United Stabs:
^ Waste treatment systems, including h•eatment ponds or lagoons, pursuant to 33 CFR part 328.3.
^ Artificially irrigated areas, which would revert to upland if the irrigation ceased.
^ Artificial lakes and ponds created by excavating andlor diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
^ Artifcial 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 construction activity and pits excavated in dry land for the purpos„ of
obtaining till, 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 CPR 328.3(x).
^ Isolated, intrastate wetland with no nexus to interstate commerce.
^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
^ Non-tidal drainage ~or irrigation ditches excavated on dry land. Explain rationale:
^ Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
^ Maps, plans, plots or plat submitted by or on behalf ol•the applicant.
^ Data sheets prepared/submitted by or on behalf of the applicant.
^ This office concurs with the delineation report, dated ,prepared by (company):
^ This office does not concm• with the delineation report, dated ,prepared by (company):
®' Data sheets prepared by the Corps.
^ Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
^ U.S. Geological Survey 7.S Minute Topographic maps:
U.S. Geological Survey 7.5 Minute Historic quadrangles:
^ U.S. Geological Survey 15 Minute Historic quadrangles:
^ USDA Natural Resources Conservation Service Sail Survey:
^ National wetlands inventory maps:
^ 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 visit/determination conducted on:
Applicable/supporting case law:
®, Other information (please specify): Renewal of JD issued on 12/15/1998 by Henry Wicker.
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (871vlmruap (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
2The term "adjacent" means bordering, cantiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-rnade dikes or barriers, natural river
berms, beach dunes, and the like are also adjacent.
Page 6 of 8

~10TIh~CA;~TONOF .1DMINISTIu~TNE .~P1'Er~I, OPTIONS t~ND PIZOCLSS. ACID
I~Q11~ST ~t7R laPPl =A'[.. .i ,
Applicant: Brighton Place of Greenville, File Number: 200511506 Date: August 28, 2007
LLC _ _
At tached is: See Section below
_
INITIAL PROFFERED PERMIT (Standard Permit or Letter of _____
A,
ennission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL - C`--~--
APPROUED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I~=The following identifies'your rights ~.trd optior~s,reg;ra-ding an admini trati~ e appeal of the above
decision. Additional infQrnlation may be found at http://wwvv,usace.artny.mil/inet/functions/cwlcecwo/reg or
Corps`~rc~ul~tions at 33 CFIZPart 33I.
A: INITIAL PRUFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein
;you
,
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt c-f your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work. is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terrns and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved .TD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must l~~e i•eceive;d by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Cotps to reevaluate the JD.
'SEC I'IUN II - REQU ~S'1` FOR APPEAI ar OB.IECTLONS'TO AN INITIAL PROFFERED PERIvII'T'
__
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered pernlit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that tl~ie
review officer has determined is needed to clarify the admnistrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information t~ clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INF ORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Josh R. Pelletier Mr. Michael F. Bell, Administrative Appeal Review
U.S. Army Corps of Engineers Officer
Post Office l3ox 1000 CESAD-ET-CO-R
Washington, North Carolina 27889 U.S. Anny Corps of Engineers, South Atlantic Division.
[phone] ex 24 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
__ _
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process, You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all sii:e
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8

G'S-1G9oUz
August 2s, 200
Regulatory Division
Action ID No. 200511506
Brighton Place of Greenville, LLC
c/o Mr. Steve Krpata
?_361 Portertown Road
Greenville, North Carolina, 27858
Q~c~~a~~a
SEP 5 -.2007
pENR -WATER QUALITY
WETLANDS aYD STOR!~[lNATER BRANCH
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in
strict accordance with the attached General Conditions and the following Special
Conditions:
1) All work authorized by this permit must be performed in strict compliance with
the submitted plans, which are a part of this permit.
2) Iu order to compensate for impacts to 149 linear feet of stream t(ie pennittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the
amount determined by the NC EEP, sufficient to perfot7n the restoration of 298 linear
feet of stream in the Tar River Basin, Cataloging Unit 03010205.
3) Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to tlae Corps, and the NC EEP has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the; MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998.
4) Excavated or fill material shall not be placed in any location or in any manner so
as to impair surface water flow into or out of any wetland area.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certif cation. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.

Thank you for your time and cooperation. Questions or comments may he
addressed to Josh R. Pelletier, Washington Regulatory Field Office, telephone
[phone], extension 34.

~5 /o9s va
NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
Qcc~~o~~~
SEP 5 - ZU07
pENli -WATER QUAIiTY
'NETLANpg Pf~D STOR.M~ATER BRANCH
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Linear Transportation Projects_ Activities required for the construction, expansion,
modification, or improvement of linear transportation projects (e.g., roads, highways, railways,
trails, airport runways, and taxiways) in waters of the United States. For linear transportation
projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters
of the United States. For linear transportation projects in tidal waters, tl~ie discharge cannot cause
the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification,
including bank stabilization, is limited to the minimum necessary to construct or protect the
linear transportation project; such modifications must be in the immediate vicinity of the project.
This NWP also authorizes temporary structures, fills, and work necessary to construct tl-e
linear transportation project. Appropriate measures must be taken to maintain normal
downstream flows and minimize flooding to the maximum extent practicable, when temporary
structures, work, and discharges, including cofferdams, are necessary for construction activities,
access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be
placed in a manner, that will not be eroded by expected high flows. Temporary fills must be
removed in their entirety and the affected areas returned to pre-construction elevations. The areas
affected by temporary fills must he revegetated, as appropriate.
This NWP cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars.
Notification: The permittee must submit apre-construction notification to the district:
engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds
1/10 acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general
condition 27.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary
roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the
Clean Water Act (see 33 CTR 323.4).

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to_
be valid:
1. Navi ation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, oc
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal ~~r alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.€;.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg atory Bird Breeding. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow mt,-st be minimized to the maximum extent practicable.
2

-r
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100-fear Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
l 1. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Conn•ols. Appropriate soil erosion acrd sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic Rivec• System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rim. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting right .
17. Endan erg_ ed Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized

u-7der any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their ow-1 procedures for complying with the
requirements of the ESA. Federal permittees -nust provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical 1labitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may he affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to tie NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as define-d under the LSA. In the absence. of separate authorization (e.g., an
ESA Section IO Permit, a Biological Opinion with "incidental take" provisions. etc.) from the
U.S. FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c)Non-federal permittees must submit apre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible ror listing on the
National Register of Historic. Places, including previously ~midentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the 1-~i~atoric properties
or the potential for the presence of historic properties. Assistance regarding in=ormation on the
location of or potential for the presence of historic resources can be sought from the State
4

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CI~ R 330.4(8)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, t11e district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The dish•ict engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section l06 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(x)). if NHPA section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he~ or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on f-[istoric Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SF[PO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 2.2, 23, 25, 27, 28, 30, 33, 34, .36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

20. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
bath temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are rninimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wf;tland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides aproject-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory u~itigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification.
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project. resulting in the loss of greater than 1 /2 acre of waters oi'
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near sh•eams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian are,~~s
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment or, a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements o~r
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions -will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
6

(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of--way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. [n coastal states where an NWl' has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone managemenr.
requirements.
23. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under N WP 14,
with associated bank stabilization authorized by N WP 13, the maxinnu» acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to~the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terrns and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
7

the transfer of this natiomvide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWI~' verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the pern~iiE
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP,
the, prospective permittee must notify the district engineer by submitting apre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either.
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice fron-i the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project„
or to notify the Corps pursuant to general condition ] 8 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving writte~~.~
notification from the Corps that is "no effect" 0-1 listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(8)) is completed. Also, work cannot begin under NWPs 2l, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.

Subsequently, the permittee's right to proceed under the NWP may be modifi7ed, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: Tl1e PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other N WP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any pact of the
proposed project or any related activity. The description should be sufficientay detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the N WP. (Sketches usc.ially clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not sta--t until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective perrnittee i~nay submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical 1labitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
thf, proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
fof° listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity neap indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National I-[istoric Preservation Act.
(c) Form ofPre-Construction Notification: The standard individual permit application
form (Form ENG 4345) rr-ay be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) A~ency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal levc;l.
9

(2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than I/2-acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State I-listoric Preservation Officer (SH.PO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of N WP 37, these agencies
will then have ] 0 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the district engineer will wait an additional IS calendar days before
making a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a 1~ederal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and 1Vlanagement Act.
(4) Applicants are encouraged to provide the Corps multiple copies ofpre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMF~~.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects ol• may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
P('N. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity compliF,s
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. [f the net adverse effects of the project on the aquatic environment
IO

(after consideration of the compensato-y mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
Tf the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the N WP
subject to the applicant's submission of a mi~gation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will he authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Si-1~1e and Complete Pr~ect. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers Have authority to determine if an activity complies with the terms
and conditions of an N W P.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best managerraent~ractices (BMP~: Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Cuy°rently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconsh•uction.
Dischar,~e: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral str°earn: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
arl.ifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Inde~enc-'ent utilih~: A test to determine what constitutes a single and complete project i-~
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of amulti-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would he constructed even if the other phases were not built can he considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing wager. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss n •waters n the United States: Waters of the United States that are permanently
adversely affected by fllli-1g, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects inch-de permanent discharges of dredged or fill material that change
an aquatic area to diy land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation tl~-at may be used
to offset losses of aquatic functions and services. The loss of strea-n bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contotirs and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for• exemptions under Section 404(1) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tic-'al wetland: Anon-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). -Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e~, spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
12

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivets, streams, lakes, and ponds.
Ordinary Kith Water Mark: An ordinary ]sigh water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost;
existing technology, and logistics in light of overall project purposes.
Pre-construction noti tcation: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. Apre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is ai.rthori:zed by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoratioft: The manipulation of the physical, chemical, or biological characteristics of` a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided ii7to two
categories: re-establishment and rehabilitation.
Ri~{le and z~ool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface.
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
13

which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable s~~bsh•ate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell ti•agments, or other appropriate materials placed info waters for shellfish
habitat.
Single and com lp ete ~roiect: The term "single and complete project" is defined at 33
CFR 330.2(1) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see df,finition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater mana remerzt: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not:
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf; dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other n-ianmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United Status) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(1), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
r(rythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 3283(d).
14

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(l )
Guidelines. They are areas that are perrnanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWAs, a waterbody is a jurisdictional water of the
Ur-ited States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
15

X2EGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
l.I. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas ace excluded during the period between February I S and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas ace excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.]t. Western NC Counties that Drain to llesignated Critical Habitat
Waters of the U.S. that requires aPre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notii~~cation to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
16

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information•
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
http://www.saw.usace.armyal~i I/wetlands/ESA
Applicants who do not have Internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Arrny Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office 13ox 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.1. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the, North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the; North Carolina Marine Fisheries Commission).
17

2.:3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AF,C)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required LAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved LAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bo s Piedmont Bo s

Swamp Forest-Bog Complex _
Upland depression Swamp
Forest
Swamp Forest-Bog Complex
S race Subt e
Southern Appalachian Bog
(Northern Subt e)
Southern Appalachian Bog
Southern Subt e)

Southern A alachian Fen _
2.fi. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, inchrding
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
18

Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notificationto the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to workir-g in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Aver Stokes

Tele hone: 336 769-9453
Burke
Surr ___
Mr. Dave McHenr
Mountain Re ion Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.
Ex resswa Cherokee .lackson Rutherford
Wa nesville, NC 28786 Cla Macon Swain
Tele hone: 828 452-2546 Graham Madison Trans lvania
Fax: [phone] Ha wood McDowell Yance
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.ll. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The N WPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Pern--it
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
19

3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/ar
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
l50 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Sh•eambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total. linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should he followed.
3.~. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace,
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
nal:ural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
20

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.(. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the constr-.-ction/installation that will promote the safe passage offish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the strean~c channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without: adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culve--t bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public "Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Rafa3r
Cult~rt buried
Aggz~ach Fill ]~anl;iull below streattibed
tia appropriate
depth (if~quire~~;i.
8tr~am
$ottt rtt
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shal l
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
21

3.'7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand froth closed shell fishing areas may 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 swimming advisory shall be posted, and a press release shall be
issued.
3.$. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #14 -Linear Transportation Crossings:
4.1. Natural Channel Design
Applicants shall employ natural channel design (see definition below) to the maximum extent
practicable for stream relocations. In the event it is not practicable to employ natural channel
design, any stream relocation shall be considered a permanent impact and the applicant shall
provide a mitigation plan to compensate for the loss of aquatic function associated with the
proposed activity.
Natural Channel Design: A geomorphologic approach to stream restoration based on an
understanding of valley type, general watershed conditions, dimension, pattern, profile,
hydrology and sediment transport of natural, stable channels (reference condition) and applying,
this understanding to the reconstruction of a stable channel.
4. ?. Maintenance of Bank-full Flows
Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-full
channel cross sectional area. Additional culverts at such crossings shall be allowed only to
receive flows exceeding bank-full.
22

Appx~.~r_h Fill
R.c~.ra3~
~:ulvert buried.
8attkfull below str~amb~d
- - - - - ~ to ap~aropri~t~
d,~l?tll (ifrequu~ed,~.
l~aflle~ Stx~arn
Slocka~ Bottom
4 :S. Maintenance of Floodplain Elevation
Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by
installing culverts at the floodplain elevation.
4.4. Prohibition to Create Upland from Waters of the US
This NWP authorizes only upland to upland crossings and cannot be used in combination with
Nationwide Permit 18 to create upland within waters of the United States, including wetlands.
Approar_h Fill
Ftaadway ~,.~ ,-
Floodglain
Elevatvan
4.~i. Tidal Water Restrictions
This NWP cannot be used for private projects located in tidal waters or tidal wetlands.
23

NC DIVISION_OF WATER QUALITY -GENERAL CE_I2TIFICATION CONDITIONS
For the most recent General Certitcation conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.enr.state.nc.us/ncwetlands/cents html
NC DIVISION OF COASTAL MANAGEMENT -STATE CONSISTENCY
In ~a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
LAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Permits/consist htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER OUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee L~dians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.usace.army.mil/WETLANDS/NWP2007/EBCI-cents html
Citations•
2007 Nationwide Permits Public Notice for Final Issue Date:. March I5, 2007
Correction Notice for Nationwide Permits, Federal Register /Vol. 72, No. 88 /Tuesday, May 8,
2007 /Notices p.26082
2007 SAW Regional Conditions -Authorized .lune 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.usace.army.mil/WETLANDS/NWP2007/nationwide-permits html
24