20060558 Ver 2_Transfer of Ownership_20140809 (5)

Mr. William Elliot
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Karen Higgins
NC Division of Water Quality
401 & Buffer Permitting Unit Supervisor
1601 Mail Service Center
Raleigh, NC 27699
301 McCullough Drive, Suite 400
Charlotte, North Carolina 28262
Office: 704.841.2841,
Fax: [phone]
Email: infoCa)habitatassessrieiit,coiln
www-habitatassessment,coni
A WOMAN OWNED SMALL BUSINESS
June 26, 2014
Subject: Year 2 Monitoring Report - Twin Lakes Voluntary Stream and Wetland Restoration
Permit Numbers:
USACOE: SAW-2009-01298
DWQ 06-0558V2
Dear Mr. Elliot and Ms. Higgins,
The ownership of the property associated with the attached copy of the permit verification 4 SAW-2009-01298
has been transferred to the Transferee as indicated below. The contact information for the new owner Is as
follows:
SUSTAINABLE RESOURCES PROPERTIES, C.
(a North Carolina limited liability cornpany)
3011 E. Ford Street
Charlotte, NC 28205
As per requirements set forth by general condition 29 of the CWA we include here:
1) A copy of the nationwide permit verification attached to this letter.
2) The following required statement: 'When the structures or work authorized by this nationwide permit are still in
existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this
nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
3) A signature of representative for new owner,
(Tran sf J e X) (Date)
Randall D. Forsythe, President
Sustainable Resources Properties, LLC
AND AIETLAI4D RES`ORA,no�4. 0EUNEA'F:0N1 ANCI DESIGN RESTORATIC�,� Pi—,�NnN,; - RAtN GARDEN, PONE. AN,-) ALAIER
Q Lw A� -,GN -7!0� 10,,�fl-'OPUNG NVASIVE SPE=3 MANA,,'�CNM�,rr 404/40! %44 ER (�rWAUTY
jLry @MP MA�NTENANCE AND DES - MIMIGA -) �
PERMIT 1,11 N"', ,',',ITE 4N SPEC710N - THREA7EN ED AN L3 E—N IDAN�,, SPEC] ES SURV EYS SU PP LIERZ, OP NAT rPr S,,s
.1,.,�.'+i T
HARP,SA W' MAN JNNED SIMALL BUS3NESS

North Carolina Department of Environment and Natural Resources
Division of Water Quality Dee Freeman
Beverly Eaves Perdue Coleen H, Sullins Secretary
Governor Director
July 23, 2009
DWQ# 06-0558V2
Mecklenburg County
Mr, Norman Walters
Twin Lake Business Park
5935 Carnegie BV #200
Charlotte, NC 28209
Subject: Twin Lake Stream Restoration
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Walters:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 597 linear feet (If) of unnamed tributary to Dixon Branch in order to complete the stream
restoration /wetland enhancement project in Mecklenburg County, as described in your application received by
the Division of Water Quality (DWQ) on July 13, 2009, After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3689, which can be viewed on our
web site at http_:l /h2o.enr. state, I ic. ushigwetlands. The General Certification allows you to use Nationwide
Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions,
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. A copy of the conservation easement/deed restriction shall be submitted to the Division of Water Quality
within 90 days of issuance of this certification.
3. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the DWQ,
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 281115 NorthCarolina
Phone: [phone]Fax: [phone]\ Customer Service: 1-877-623-6748
! V a
titrall
Internet: wwwncwaterqL� y
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

4, Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
5. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ- If approved, they shall be removed and the natural grade restored within two months of the date of
the close out/stabilization of the given drainage area.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 4011Wetlands Unit of the NC Division of Water Quality.
7. Continuing Compliance, The applicant (Twin Lakes Business Park, Norman Walters) shall conduct all
activities in a manner so as not to contravene any state water quality standard (including any requirements
for compliance with section 303(4) of the Clean Water Act) and any other appropriate requirements of state
and federal law, If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or, achieved use) or that state or federal law is being violated, or that further conditions
are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d), Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 -663-
1699 or Ms. Cyndi Karoly in the Central office in Raleigh 919-733-9721.
Sire. erel
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner

DWQQ Project No.
Applicant:
Certificate of Completion
r
° ! County:
e "- . C-- r
Project Nance: /�
zC C,
Date of Issztattce of 40:1 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Set-vice Center, Raleigh,
NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates frorn all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: _ Date:
If this project was designed by ra Certified Professional
1, , as a duly registered Professional �a
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, clue care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 441 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Registration No.: Date:

Notice Of Initiation of Construction
To be completer) by D ZVQ
DWQ Project No. T" - 4/ L County-
Applicant: q i` C 1 i
Project Name: Lc,
Date of Issuance of 401 Water Quality Certification.: -
Uaon initiation of impacts approved by the issuance of this 401 Water Quality Certification/Buffer
Authorization, the applicant is required to return this notice (condition 41 per approval) to:
DWQ -SWP Section, Mooresville Regional Office
610 bast Center .Avenue, Suite 301
Mooresville, NC 28115
ESE
Fax to the attention of Alan Johnson at: 704 - 663 -6040
Appl corltlArttl:or- zedAgetzt's Certification
1, —_, hereby state that, to the best of my abilities, due care and
diligence the approved impacts have begun to be constructed. The proposed impacts are to be
installed /constructed /completed within substantial compliance and intent of the 401 Water Quality.
Certification/Buffer Mule Authorization, the approved plans and specifications, and other supporting
materials.
Date of initiation of Construction:
Signature;
Title:
Date:

Water Quality Certification N °. 3689
EM
AND
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 f8ANK STABILIZATION) AND
27 (WETLAND AND RIPARIAN RESTORATION AND CREATION),
AND REGIONAL PERMIT 197800080 BULKHEADS AND RIPRAP
AND RIPARIAN AREA PROTECTION RULES {BUFFER RULES)
Water Quality Certification Number 3689 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 2H •0500 and 15A NCAC 2B .0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of
the Corps of Engineers regulations (i.e., Nationwide Permit Numbers 13 and 27) and Regional
Permit 197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized; wetland
and riparian restoration or creation; and the construction and maintenance of bulkheads on non -
Federal Energy Regulatory Commission (FERC) lakes.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions set forth.
All proposed fill or modification of wetlands and/or waters, including streams and streambanks,
under this General Certification requires application to, and written approval from the Division of
Water Quality (the "Division "), regardless of the purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500
feet of stream banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this work in the Neuse, Tar - Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules (Buffer
Rules] in effect at the time of application (in accordance with 15A NCAC 28 .0200]) will require
written approval, unless the activities are listed as "EXEMPT" from these Rules:
In accordance with North Carolina General Statute Section 143- 215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. if a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter(RGL02 -02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - construction Notification andlor those
authorized by this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Water Quality Certification No. 3699

Water Quality Certification N °. 3689
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur,
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the !North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project,
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner..
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout (Tr), SA, WS -I, WS-11, High Quality (HOW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 048 .0124) supercede all other
sediment and erosion control requirements.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project.
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self - monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http : //`h2o.enr.state,nc.us/su/Forms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3689

Water Quality Certification N °. 3689
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post -larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
INC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS) 'urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
a. Using flow diversion structures such as sandbags;
b. Placing large -size rock toes and filter cloth backing for stabilization sites before
backfilling; and
c. Excavating new channel alignments in dry areas.
Construction at non- 'urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout of
anadromous fish resources in this stream.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar - Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
9. Water Supply Watershed Buffers
The 100 -foot wide (high - density development) or the 30 -foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
Water Quality Certification No. 3689

Water Quality Certification N °. 3689
provided in the Water Supply Watershed Protection Rules (15A NCAC 2B .0212 through
.0215].
10. If concrete is used during the construction, then a dry worts area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life /fish trills,
11. Any rip -rap shall be of such a size and density so as not to be able to be carried off by wave
or current action and consist of clean rock or masonry material free of debris or toxic
pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure structural integrity of bank stabilization measures. If rip -rap is
to be installed within the streambed, the amount and location must be-approved in writing by
the Division of Land Resources and Division of Water Quality. However, rock vanes, wing
deflectors, and similar structures for grade control and bank protection are acceptable.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact or Record of Decision is
issued by the State Clearinghouse.
13. Additional site - specific conditions may be added to the written approval attached to this
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
14.This Certification shall expire three (3) years from the date of the approval letter from DWQ or
on the same day as the corresponding Nationwide Permit. In accordance with General
Statute 136 - 44.76, certifications issued to the NC DOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re- application and re- approval to use this Certification for the specific
impacts already approved.
15. The applicantlpermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
16. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
Non - compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
Water Quality Certification No. 3689

Water Quality Certification No. 3689
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally fisted endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen 6 4ri
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC) Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3689

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2009 -01298 County: Mecklenburg USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Property Owners Assoc., ILrc., Twin Lakes Business Park
Address: 5935 Carnegie Blvd., #200
Charlotte, NC 28209
Telephone No.:
Size and location of property (water body, road name /number, town, etc.): Twin Lakes Stream
Restoration & Pond Project located on a 5.35 acre tract, lust east of U.S. 21; north of Charlottc
Description of projects area and activity: This permit authorizes impacts to 579 LF of a UT -Long
Creek and 0.06 acre of adjacent wetlands as l2art of a stream restoration projeet. The project will
be done in strict accordance with the submitted plan entitled "Stream Restoration Plan" (Unnamed
tributaries to Long Creek)" dated Julu 9, 2009 and compiled by Harp, Incorporated.
Applicable Law: El 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: 27
Your Nvork is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the pernuttee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pernuttee of the responsibility to obtain any other
required Federal, State or local approval slpernvts.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828 -271 -7980.
Corps Regulatory Official Steve Chapin T Date: July 31, 2009
Expiration Date of Verification: July 31, 2011

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
httpa /www. saw. usace.army.miilWETLAN_D_Slindex html to complete the survey online.
Determination of Jurisdiction:
A. ❑ 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).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
pernut requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channels on the property are unnamed tributaries to Long Creek which flow into the Catawba River and
ultimately flows to the Atlantic Ocean through the Long Creek> Catawba River system which is a Section 10
navigable -in -fact waterway at Lake Wylie.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official: Steve Chapin
Issue Date: July 31, 2009 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Cope Furnished:
Mr. Leonard S. Rindner

Permit Number: SAW - 2009 -01298
Permit Type: NW27
Name of County: Mecklenburg
Name of Permittee: Property Owners Assoc., Inc., Twin Lakes Business Park
Date of Issuance: July 31, 2009
Project Manager: Steve Chapin
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:
U.S. Army Corps of Engineers
Attention: CESAW -RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFIC A'ION OF AIIVIiTN�TRA'TE APPEAL 0P 7 AND, PROCESS AND
REQ Y J E ST `IOR, A:PPEA E
..
Applicant: Property Owners Assoc., Inc.,
File Number: SAW -2009-
Date: July 31, 2009
Twin Lakes Business Park
01298
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at h=: / /www.usace.army. mil /inet/functions /ew /ceewo /reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
pern> t to address all of your concerns, (b) modify the permit to address sonic 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 Pennit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Pernssion (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined penrdt under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact:
you may also contact:
Steve Chapin, Project Manager
Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office
Administrative Appeal Review Officer
151 Patton Ave, Room 208
CESAD- ET -CO -R
Asheville, NC 28806
U.S. Army Corps of Engineers, South Atlantic Division
828 - 271 -7980
60 Forsyth Street, Room 9M 15
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 site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn :Steve Chapin, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room
91%115, Atlanta, Georgia 30303 -8801

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction, Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections arc addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact:
you may also contact:
Steve Chapin, Project Manager
Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office
Administrative Appeal Review Officer
151 Patton Ave, Room 208
CESAD-ET-CO-R
Asheville, NC 28806
U.S. Arrny Corps of Engineers, South Atlantic Division
828 -271 -7980
60 Forsyth Street, Room 9M 15
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 site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303 -8801

NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishment of
tidal and non -tidal wetlands and riparian areas and the restoration and enhancement of non -tidal
streams and other non -tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the
placement of in- stream habitat structures; modifications of the stream bed and/or banks to restore
or establish stream meanders; the backfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non- native invasive, exotic, or nuisance vegetation; and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non -tidal waters on the project site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishment activities conducted: (1) In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establislunent actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NVl'P also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur

within five years after expiration of a limited terns wetland restoration or establishment
agreement or permit, and is authorized in these circumstances even if the discharge occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of
the United States for the reversion of wetlands that were restored. enhanced, or established on
prior- converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishment activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the pennittee or the appropriate Federal or state agency must
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize any future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reporting: For those activities that do not require pre- construction notification, the
permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement,
restoration, or establishment agreement, or a project description, including project plans and
location map; (2) the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre - construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following
activities:
(1) Activities conducted on non - Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishment
agreement between the landowner and the U.S. FWS, NRCS, FSA. NMFS, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishment actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Tecluilcal
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA pen-nit
issued by the OSM or the applicable state agency.
However, the permittee roust submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in -lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
2

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

9. Management of Water Flows. To the maximum extent practicable, the pre - construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre - construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. 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 Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre - construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has detemlined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. _Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
17. Endan 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
4

under any NWP which "may affect'' a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non - federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally - listed endangered or threatened species or
designated critical habitat, the pre- construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect'' to listed species
and designated critical habitat and will notify the non - Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre - construction notification. In cases
where the non - Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activitics will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species- specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http:HA- Aw.fws.gov/ and http : / /Nvww.noaa.gov /tislieries.litinI 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 a pre - construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre - construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
5

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 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, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non - Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non- Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre - construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NI-IPA 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 l I0k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO /THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, 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, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27. for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
Z

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;
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic envirorunent are minimal.
(c) Compensatory mitigation at a minimum one - for -one ratio will be required for all
wetland losses that exceed 1 /10 acre and require pre - construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project - specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre - construction notification, the district engineer
may determine on a case -by -case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre - construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(0 Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and /or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may Nvaive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or
separate activity - specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and /or complying with the mitigation plan.
7

(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. In coastal states where an NVhP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Pen-nits. 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 NWT's does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 -acre.
25. Transfer of Nationwide Permit Verifications. If the pernittee 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 existeiiee at the
time the property is transferred, the tenns 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
8

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the N\�T verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the 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 a pre- 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 infonnation has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(l ) 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 from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CPR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also; work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. if the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN; the permittee cannot begin the activity until an individual permit has been obtained.
E,

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

(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 112 -acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight rnail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site- specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre - construction notification. The district engineer will full, 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 all unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of� receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson - Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre - construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1 /10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic envirorunent. If the net adverse effects of the project on the aquatic environment

(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NIAT
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
2$. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management ractices BMPs : Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non- structural.
Compensatory mitigation: The restoration, establislunent (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.
Cut °rend , se1-viceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
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
12

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
E,7henreral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year - round. Groundwater- is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This terns includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi -phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent strewn: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of Nvater for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre - construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act arc not
considered when calculating the loss of waters of the Unitcd States.
Non -tidal wetland: A non -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 nigh
tide line).
pen ra,ater: 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
13

flowing water is either non - emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing ~eater 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.
Praclicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre- construclion nolificalion: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre - construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre- construction
notification may be voluntarily submitted in cases where pre - construction notification is not
required and the project proponent wants confinnation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re- establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural /historic functions to a former aquatic
resource. Re- establislunent results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitalion: 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.
Restoralion: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re- establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface.
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine - marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
14

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.)
Shellfi:sh seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments {i.e. spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and conrplele ro'ect: The tern "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner /developer or
partnership or other association of owners /developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake; etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Storms+ -ater management: Stormwater management is the mechanists 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.
Slormwaler n7ana Ienzent acilities: 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.
Struclure: An object that is arranged in a definite pattern of organization. Examples of
structures include; without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal ,veflond: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhytlum due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
15

I'e etated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
id'alerbody:For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with nonnal 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.
16

REGIONAL 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:
I.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 are excluded during the period between February 15 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 are 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 N WP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre- 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 notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
17

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Suri-y, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endan ered S ecies 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.
htt :I /wNvNv.saw.usace.ai-niv.mit /wetlands /ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army 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 Box 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.
2.2. 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" (HQ«� (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).
18

2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non - Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non - Federal projects may not cormnenee until a copy of the approved CAMA
permit is fumished 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 Bogs
Swamp Forest -Bog Complex
Upland depression Swamp
Forest
Swamp Forest -Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
(Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or till material into streams or waterbodies within the twenty -
five (25) designated trout counties of North Carolina; the applicant shall comply with
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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. Notification to 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 working 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
Swain
Telephone: [phone]
Burke
Surry
Transvlvania
Mr. Dave McHenry
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transvlvania
Fax: [phone]
Ha ywood
McDowell
Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. 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 NWPs 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 enviromnent. 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 Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent streani channel.]
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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/or
ephemerallintenmittent 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
150 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 Streambed 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 be followed.
3.4. 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 undemeath 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
natural 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.
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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.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish 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 stream 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 detennined 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 (LAMA): All pipe and culvert 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.
Roadway
Ctalv�ertburied -11 Approach Fill Bankfvll belowstreambed
to approprtate
depth (if required).
Stream
Bottom
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 shall
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.
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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 I and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from 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.
3.8. 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 (LAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #27 — Aquatic Habitat Restoration,
Establishment, and Enhancement Activities.
4.1 If you are under contract to the North Carolina Ecosystem Enhancement Program (NCEEP)
and are supplying a Pre- construction Notification (PCN) for impacts associated with a mitigation
project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter
from the NCEEP stating that they have reviewed and approved your restoration plan.
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NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands /401 Certification Unit at (919) 733 -1786 or access the following website:
http: / /li2o.enr.state.nc. Lis /ncwet]ands /certs.html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NIAIP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
littp: / /dcm2.enr. state .nc.us /Permits /cotisist.litm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation,
These Tribal General Conditions are located on the Corps wcbsite at:
htt : / /�,N,xv v.saw.usace.armv.miI/ WETLANDS /NWP2007./EBCI- certs.litiiil
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register/ Vol. 72, No. 88 /Tuesday, May 8,
2007 / Notices p.26082
2007 SAW Regional Conditions — Authorized ,Tune I, 2007
This and other information can be found on the Corps web site at:
http: / /wuu .sa« .usacc.army.miI/ WETLANDS /NWP2007 /nationwide- perniits.litml
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