20180964 Ver 2_Penny Road Reverification Attachments_20221109

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
September 14, 2022

To: Project File

Division 5 Environmental Office

Subject: Michaux’s sumac survey update for SR 1379 (Penny Road) pipe replacement
in Wake County.

Michaux’s sumac: IPaC identifies potential for this species at the project location. Limited
habitat for Michaux’s sumac is located within the project study area. A plant-by-plant survey
of the project study area was conducted on September 14, 2022. No specimens were found
during the survey; therefore, a biological conclusion of No Effect is rendered for this species.

Investigators: Heather Montague Environmental Officer and Mitchell Wimberley Environmental
Specialist with NCDOT Division 5.

If you have any questions or need additional information, please contact me at
[e-mail] or at [phone].

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
CS# 17-27-03
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
CS # 17-27-03
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704

September 26, 2022
Dr. Wenonah George Haire
Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, SC 29730

SUBJECT: Pipe replacement on SR 1379 (Penny Rd) in Wake; WBS: 5BPR.20921

Dear Dr. Haire,

The North Carolina Department of Transportation (NCDOT) continues the project development,
environmental and engineering studies for the pipe replacement SR 1379 (Penny Road) in Wake
County. An environmental permit under Section 404 Process is anticipated from the USACE for
construction of this project. Therefore, the USACE is the lead federal agency for compliance with
the National Environmental Policy Act (NEPA) and Section 106 of the National Historic
Preservation Act (NHPA). Vicinity maps and a draft concept plan are attached to this letter. The
coordinates of this project are approximately N 35.713926 W -78.690225.

We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project. Your comments may be used in preparation of a NEPA
Environmental Document. In accordance with Section 106 of the NHPA, we also request that you
inform us of any historic properties of traditional religious or cultural importance that you are aware
of that may be affected by the proposed project. Be assured that, in accordance with confidentiality
and disclosure stipulations in Section 304 of the NHPA, we will maintain strict confidentiality
about certain types of information regarding historic properties.

Please respond by October 28, 2022 so that your comments can be used in scoping of this project.
If you have any questions concerning this project, or would like additional information, please
contact me at [phone] or [e-mail].

Sincerely,
Heather W. Montague
NCDOT Division 5
Division Environmental Officer

cc: Matt Wilkerson (NCDOT)
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
HYDRAULICSROADWAY DESIGN
ENGINEER ENGINEER
R/W SHEET NO.
SHEET NO.PROJECT REFERENCE NO.
417BP.5.C.PE
8
/
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7
/
9
9
INCOMPLETE PLANS
DO NOT USE FOR R/W ACQUISITION
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
SCALE 1" = 30’
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ENGINEERING
ETHERILLW Raleigh, N.C. 27606
Bus: 919 851 8077
Fax: [phone]
CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION
TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN
Liscense No. F-0377
1223 Jones Franklin Rd.
PENNY ROAD
(SR 1379)
SITE
PROJECT
POND
MILL
YATES
1382
1380
1381
1381
1371
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12’
12’
12’
END PAVEMENT
BEGIN PAVEMENT
12’
39.5’40.5’
50’ MILLING 50’ MILLING
HH
T
DUKE ENERGY PROGRESS
SR 1379 (PENNY RD.) 25’ PAVED ROADWAY
48" WOOD SPLIT RAIL
INV=297.27’INV=297.48’
INV=298.26’INV=298.15’
CONC
BM-1
FFE=310.19’
FFE=311.47’
2SFD
GARAGE
****************************************
BM SET IN 24" OAK
BL STATION 15+62.00 22 RIGHT
N 714838 E 2091908
BM1 ELEVATION = 307.36
****************************************
BL-3
BL-4
AT&T CORP.
AT&T CORP.
N
C
G
RI
D
N
A
D 83
N
A 2011
DB 15167 PG 972
BRYAN G YURKO
BM 1984 PG 856
DB 13519 PG 2134
TONY W WOODALL
BM 1999 PG 203
DB 16282 PG 276
BM 1999 PG 203
JOSEPH E WALAS
DB 8536 PG 416
DEAN R LAZZARO
BM 1978 PG 499
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16
4
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2
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331.68’
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T
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WOODS
WOODS
WOODS
WOODS
6
0
.
0
0
’
EXISTING R/W
EXISTING R/W
HW
CONC
HW
CONC
Point North East Elevation
714496.1300 2091351.7000 349.8200
714251.1100 2091028.2700 374.3400
714764.5000 2091719.5450 314.5500
714884.3010 2091948.1000 307.8500
GPS-1
GPS-2
BL-3
BL-4
66" R
CP
66" R
CP
DATUM DESCRIPTION
THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT
IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY
NCGS FOR MONUMENT "GPS-2"
WITH NAD 83/NA 2011 STATE PLANE GRID COORDINATES OF
NORTHING: 714251.11(ft) EASTING: 2091028.27(ft)
ELEVATION: 374.34 (ft)
THE AVERAGE COMBINED GRID FACTOR USED ON THIS PROJECT
(GROUND TO GRID) IS: 0.999892693
THE N.C. LAMBERT GRID BEARING AND
LOCALIZED HORIZONTAL GROUND DISTANCE FROM
"GPS-2" TO -L- STATION IS

ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES
VERTICAL DATUM USED IS NAVD 88
1
2
3
4
5600’00"
WITH ENDWALLS
STRUCTURAL PLATE PIPE-ARCH
10’-9" x 6’-10" ALUM. ALLOY
10.75’
10.75’
EST. 23 TONS
CLASS II RIP RAP W/NO GEOTEXTILE
approx. shoulder
approx. shoulder
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. shoulder
approx. shoulder
est.178 sy geotextile
est. 176 tons
(see detail A)
CLASS II RIP RAP
est. 58 sy geotextile
est. 57 tons
CLASS II RIP RAP W/GEOTEXTILE
est. 11 sy geotextile
est. 11 tons
CLASS II RIP RAP
est. 18 sy geotextile
est. 18 tons
CLASS II RIP RAP W/GEOTEXTILE
36.00’
45.00’
d
1.
5:
1
B
D
( Not to Scale)
SPECIAL CUT BASE DITCH
Flatter1.5:1 or
FROM STA. TO STA.
DETAIL A
B=4.0 Ft.
Max. d=8.0 Ft.
Min. D=5.0 Ft.
Type of Liner= Class II Rip-Rap
Ground
Natural
Ditch
Slope
Front
Geotextile
EX.R/W LT
+11.04
53.17’ LT
+29.32
52.86’ LT
+73.48
35.13’ LT
+95.84
EX.R/W LT
+96.18
49.00’ RT
EX.R/W RT
+00.00
56.54’ RT
+32.62
60.51’ RT
+97.63
46.16’ RT
+20.93
60.24’ RT
+81.09
32.72’ RT
EX.R/W RT
+28.96
LT
48.75’
+10.71
49.00’ RT
EX.R/W RT
+85.00
VICINITY MAP
OFF-SITE DETOUR

October 25, 2022

Attention: Heather Montague
NC Department of Transportation
2612 North Duke Street
Durham, NC 27704

Re. THPO # TCNS # Project Description
2022-193-288 Pipe replacement on SR 1379 in Wake; WBS: 5BPR.20921

Dear Ms. Montague,

The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.

If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].

Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730

Office 803-328-2427

Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
January 31, 2018 Ver 2.3
Please note: fields mark ed with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right-click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
County (or Countie s) whe re the proje ct is locate d:*
Is this proje ct a public transportation proje ct?*
Is this a NCDOT Proje ct?*
(NCDOT only) T.I.P. or state proje ct numbe r:
WBS #
1a. Type (s) of approv al sought from the Corps:*
1b. What type (s) of pe rmit(s) do you wish to se e k authorization?*
This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits.
All required items that are not provided in the E-PCN and be added to the miscellaneous upload located at the bottom of this form.
Nationwide Pe rmit (NWP) Numbe r:
Nationwide Pe rmit (NWP) Numbe r:
NWP Numbe r Othe r:
Wake
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
Yes No
17BP.5.C.PE
(f or NCDOT use only)
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
03 - M ainte nance
13 - Bank Stabilization
List all NW numbers you are applying for not on the drop dow n list.
1c. Type (s) of approv al sought from the DWR:*
1d. Is this notification sole ly for the re cord be cause writte n approv al is not re quire d?*
For the re cord only for DWR 401 Ce rtification:
For the re cord only for Corps Pe r mit:
1e . Is payme nt into a mitigation bank or in-lie u fe e program propose d for mitigation of impacts?
Acce ptance Le tte r Attachme nt
1f. Is the proje ct locate d in any of NC's twe nty coastal countie s?*
1h. Is the proje ct locate d in a de signate d trout wate rshe d?*
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
1a. Who is the Primary Contact?*
1b. Primary Contact Email:*
1c. Primary Contact Phone :*
1d. Who is applying for the pe rmit?
2. Owner Information
check all that apply
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual Permit
Yes No
Yes No
If so, attach the acceptance letter from mitigation bank or in-lieu fee program.
Yes No
Click the upload button or drag and drop files here to attach document
Acceptance Letter_DMS SR 1379 Penny Rd.pdf 73.73KB
FILE TYPE MUST BE PDF
Yes No
Yes No
B. Applicant Information
Heather Montague
[e-mail]
(xxx)xxx-xxxx
[phone]
Owner Applicant (other than owner)Agent/Consultant
(Check all that apply)
2a. Name (s) on re corde d de e d:
2b. De e d book and page no.:
2c. Re sponsible party:
2d. Addre ss
NCDOT
(f or Corporations)
1a. Name of proje ct:*
1b. Subdiv ision name :
1c. Ne ar e st municipality / town:*
1d. Dr iv ing dire ctions *
2a. Prope rty Ide ntification Numbe r:
2b. Prope r ty size :
2c. Proje ct Addre ss
2d. Site coordinate s in de cimal de gre e s
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey-grade GPS device) after the decimal place as
2e . Te le phone Numbe r:
2f. Fax Numbe r :
2g. Email Addre ss:*
City
Durham
State / Province / Region
NC
Postal / Zip Code
27704
Country
USA
Street Address
2612 N Duke Street
Address Line 2
(xxx)xxx-xxxx
[phone]
(xxx)xxx-xxxx
[e-mail]
C. Project I nformati on and Pri or Project History
1. Proj ect Information
Replacement of pipe on SR 1379 (Penny Road) carrying UT to Swift Creek
(if appropriate)
Raleigh
If it is a new project and can not easily be found in a GPS mapping system. Please provide directions.
From south side of Raleigh at the belt line, take Lake Wheeler Road south for 3.1mi, make a right onto SR 1379 (Penny Road). Travel
0.35mi to project site.
2. Proj ect Identi fication
(tax PIN or parcel ID)
0791146990 inlet, 0791241883 outlet
(in acres)
0.27
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27606
Country
USA
Street Address
5100 Penny Road
Address Line 2
appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to
map coordinates to 5 or 6 digits after the decimal place.)
Latitude :*Longitude :*
3. Surf ace Waters
3a. Name of the ne are st body of wate r to propose d proje ct:*
3b. Wate r Re sour ce s Classification of ne are st re ce iv ing wate r:*
Surface Water Lookup
3c. What r iv e r basin(s) is your proje ct locate d in?*
R iver Ba s in Lookup
4. Project Descriptio n
4a. De scribe the e xisting conditions on the site and the ge ne ral land use in the v icinity of the proje ct at the time of this application:*
4b. Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the USGS topographic map indicating the location of the proje ct site . (for
DWR)
4c. Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the publishe d County NRCS Soil Surv e y map de picting the proje ct site .
(for DWR)
4d. List the total e stimate d acre age of all e xisting we tlands on the prope rty:
4e . List the total e stimate d line ar fe e t of all e xisting stre ams on the prope rty:
4f. Explain the purpose of the propose d proje ct:*
4g. De scribe the ov e rall proje ct in de tail, including indire ct impacts and the type of e quipme nt to be use d:*
4h. Ple ase upload proje ct drawings for the propose d proje ct.
35.713926
ex: 34.208504
-78.690225
-77.796371
UT to Swift Creek
27-43-5-(1.5)
Ne use
Adjacent area is comprised of road shoulder and wooded land.
Click the upload button or drag and drop files here to attach document
SR 1379 Penny Road USGS map.pdf 1.29MB
File type must be pdf
Click the upload button or drag and drop files here to attach document
SR 1379 soils map.pdf 628.25KB
File type must be pdf
0.0
(intermittent and perennial)
163
Pipe structure has deteriorated and is non-functional
Replacement of existing double line of 66" CMPs that are 44.5' long with a new structure 1@10'3" x 6'9" Aluminum
Structural Pipe-Arch that is 58.5' long with headwalls. There is a proposed dissipator pad at the outlet of the
proposed pipe in the existing scour hole. There will also be rip rap placed on the banks for bank stabilization at the
inlet and the outlet. Project will require dewatering of the work site. Equipment could include an excavator,
backhoe, crane, grader, mini excavator, etc.
Click the upload button or drag and drop files here to attach document
File type must be pdf
5. Jurisdictio nal Determinations
5a. Hav e the we tlands or stre ams be e n de line ate d on the prope rty or propose d impact are as?*
Comme nts:
5b. If the Corps made a jurisdictional de te rmination, what type of de te rmination was made ?*
Cor ps AID Numbe r:
5c. If 5a is ye s, who de line ate d the jurisdictional are as?
Name (if known):
Age ncy/Consultant Company:
Othe r:
5d. If ye s, list the date s of the Corps jurisdictional de te rminations or State de te rminations and attach docume ntation.
5d1. Jurisdictional de te rmination upload
6. Project History
6a. Hav e pe rmits or ce rtifications be e n re que ste d or obtaine d for this proje ct (including all prior phase s) in the past?*
7. Future Project Plans
7a. Is this a phase d pr oje ct?*
Are any othe r NWP(s), re gional ge ne ral pe rmit(s), or indiv idual pe rmits(s) use d, or inte nde d to be use d, to authorize any part of the
propose d proje ct or re late d activ ity? This include s othe r se par ate and distant crossing for line ar pr oje cts that re quire De par tme nt of the
Army authorization but don’t re quire pre -construction notification.
1. Impacts Summary
1a. Whe re are the impacts associate d with your proje ct? (che ck all that apply):
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites
impacted.
3a. Re ason for impact *3c. Type of impact *3d. Stre am name *
Yes No Unknown
Preliminary Approved Unknown N/A
Example: SAW-2017-99999
Gre g Price
Carolina Ecosyste ms, Inc.
No wetlands were observed during site investigation, pre-JD request was sent to Jamie Lastinger (USACE) signed 06/18/18 regarding two
side tributaries feeding the main stem crossing
Click the upload button or drag and drop files here to attach document
File type must be PDF
Yes No Unknown
Yes No
D. Proposed Impacts Inventory
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
3a. Re ason for impact *3b.Impact
type *
3c. Type of impact *3d. Stre am name *3e . Stre am
Type *
3f. Type of
Jur isdiction *
3g. Stre am
width *
3h. Impact
le ngth *
S1
S2
S3
S4
S5
S6
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square fe e t:
3i. Total pe rmane nt stre am impacts:
3i. Total te mporary stre am impacts:
3i. Total stre am and tributary impacts:
3j. Comme nts:
6. Buf f er Impacts (f o r DWR)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below.
6a. Proje ct is in which prote ct basin(s)?*
6b. Impact Type *6c. Pe r or
Te mp *
6d. Stre am name *6e . Buffe r mitigation
re quire d?*
6f. Zone 1
impact *
6g. Zone 2
impact *
Site 1
Map label (e.g. Road Crossing
1)
T
Permanent (P) or
Temporary (T)
De wate ring UT to Swift Cr e e k Pe re nnial
Perennial (PER) or
intermittent (INT)
Both 10
Average
(feet)
33
(linear feet)
Site 1
Map label (e.g. Road Crossing
1)
P
Permanent (P) or
Temporary (T)
Culv e rt UT to Swift Cr e e k Pe re nnial
Perennial (PER) or
intermittent (INT)
Both 10
Average
(feet)
14
(linear feet)
Site 1
Map label (e.g. Road Crossing
1)
P
Permanent (P) or
Temporary (T)
Bank
Stabilization
UT to Swift Cr e e k Pe re nnial
Perennial (PER) or
intermittent (INT)
Both 10
Average
(feet)
45
(linear feet)
Site 2
Map label (e.g. Road Crossing
1)
P
Permanent (P) or
Temporary (T)
Rip Rap Fill UT to Swift Cr e e k Inte rmitte nt
Perennial (PER) or
intermittent (INT)
Both 5
Average
(feet)
56
(linear feet)
Site 3
Map label (e.g. Road Crossing
1)
P
Permanent (P) or
Temporary (T)
Rip Rap Fill UT to Swift Cr e e k Inte rmitte nt
Perennial (PER) or
intermittent (INT)
Both 7
Average
(feet)
13
(linear feet)
Site 3
Map label (e.g. Road Crossing
1)
T
Permanent (P) or
Temporary (T)
De wate ring UT to Swift Cr e e k Inte rmitte nt
Perennial (PER) or
intermittent (INT)
Both 7
Average
(feet)
15
(linear feet)
0
128
48
176
Site 1 impacts involve the main stem with bank stabilization inlet and outlet and counter sunk rip rap at the outlet
within an existing scour hole. Site 2 and Site 3 involves putting these tributaries segments into a rip rap lined ditch
in order to protect the roadway fill slope from water eating away at the toe of fill. Left unarmored the fill slope in this
area would continue to take eroding pressure and fail, threatening the roadway.
Check all that apply.
Neuse Tar-Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
Site 1
Location and Exempt, Allow able, allow able w /
mitigation
P
Permanent (P) or
Temporary (T)
UT to Swift Cre e k No 2,833
(square feet)
2,931
(square feet)
Site 2
Location and Exempt, Allow able, allow able w /
mitigation
P
Permanent (P) or
Temporary (T)
UT to Swift Cre e k Ye s 545
(square feet)
0
(square feet)
6h. Total buffer impacts:
Zone 1 Zone 2
Te mporary impacts:
Zone 1 Zone 2
Pe rmane nt impacts:
Zone 1 Zone 2
Total buffe r impacts:
6i. Comme nts:
Supporting Docume ntation - i.e . Impact M aps, Plan She e t, e tc.
1. Avoidance and Minimization
1a. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts in de signing the proje ct:*
1b. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts through constr uction te chnique s:*
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Doe s the proje ct re quire Compe nsatory M itigation for impacts to Wate r s of the U.S. or Wate rs of the State ?
2c. If ye s, mitigation is re quir e d by (che ck all that apply):
2d. If ye s, which mitigation option(s) will be use d for this proje ct?
4. Complete if Making a Payment to In-lieu Fee Pro gram
4a. Appr ov al le tte r from in-lie u fe e program is attache d.
4b. Stre am mitigation re que ste d:
4c. If using stre am mitigation, what is the stre am te mpe rature :
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
0.00 0.00
3,378.00 2,931.00
3,378.00 2,931.00
Click the upload button or drag and drop files here to attach document
SR 1379 FULL PERMIT PACKAGE incl SWMP.pdf 1.3MB
File must be PDF
E. Impact Justifi cati on and M itigation
Failing pipes are being replaced with the minimal length pipe to fit current roadway standards which will also
provide for safe shoulders.
Construction will be overseen by NCDOT Division 5 Environmental Staff and CEI Personnel who will be onsite to
identify ways to reduce proposed impacts.
Yes No
DWR Corps
Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation
Yes
(linear feet)
69
warm
4d. Buffe r mitigation re que ste d (DWR only):
4e . Riparian we tland mitigation re que ste d:
4f. Non-riparian we tland mitigation re que ste d:
4g. Coastal (tidal) we tland mitigation re que ste d:
4h. Comme nts
6. Buf f er mitigation (State Regulated Riparian Buf f er Rules) - required by DWR
6a. Will the proje ct re sult in an impact within a prote cte d riparian buffe r that re quire s buffe r mitigation? If ye s, you must fill out this e ntire
form - ple ase contact DWR for more information.
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation
calculate the amount of mitigation required in the table below.
6c. Re ason for impact 6d. Total impact
(square fe e t)
M ultiplie r 6e . Re quire d
mitigation (square
fe e t)
Zone 1
Zone 2
6f. Total buffe r mitigation r e quire d
6g. If buffe r mitigation is re quir e d, is payme nt to a mitigation bank or NC Div ision of M itigation Se rv ice s propose d?
6h. Attach the acce ptance le tte r from the mitigation bank or NC Div ision of M itigation Se rv ice s.
6j. Comme nts:
*** Recent changes to the stormwater rules have required updates to this section .***
1. Dif f use Flow Plan
(square feet)
545
(acres)
0
(acres)
0
(acres)
0
Proposing full mitigation for stream impacts at Site 2: 56LF and Site 3: 13LF, but no mitigation is proposed at Site
1 since those impacts involve only bank stabilization and countersunk rip rap. Site 2: Buffer mitigation is proposed
for parallel buffer impacts of 545SF in Zone 1
Yes No
pipe re place me nt; prote ction of
roadway
545 545
n/a 0 0
545
Yes No
Acceptance Letter_DMS SR 1379 Penny Rd.pdf 73.73KB
(PDF only)
F. Stormwater Management and Diffuse Fl ow Plan (requi red by DWR)
1a. Doe s the proje ct include or is it adjace nt to prote cte d riparian buffe r s ide ntifie d within one of the NC Riparian Buffe r Prote ction
Rule s?
1b. All buffe r impacts and high ground impacts re quire diffuse flow or othe r form of stormwate r tre atme nt. If the proje ct is subje ct to a
state imple me nte d riparian buffe r prote ction program, include a plan that fully docume nts how diffuse flow will be maintaine d.
All Stormwate r Control M e asure s (SCM )s must be de signe d in accordance with the NC Stormwate r De sign M anual. Associate d
supple me nt forms and othe r docume ntation shall be prov ide d.
What type of SCM are you prov iding?
For a list of options to meet the diffuse flow requirements, click here.
Diffus Flow Docume ntation
2. Sto rmwater Management Plan
2a. Is this a NCDOT proje ct subje ct to compliance with NCDOT’s Indiv idual NPDES pe rmit NCS000250?*
1. Enviro nmental Do cumentation
1a. Doe s the proje ct inv olv e an e xpe nditure of public (fe de ral/state /local) funds or the use of public (fe de ral/state ) land?*
1b. If you answe re d “ye s” to the abov e , doe s the proje ct re quire pre paration of an e nv ir onme ntal docume nt pursuant to the
re quire me nts of the National or State (North Carolina) Env ironme ntal Policy Act (NEPA/SEPA)?*
1c. If you answe re d “ye s” to the abov e , has the docume nt re v ie w be e n finalize d by the State Cle aring House ? (If so, attach a copy of the
NEPA or SEPA final approv al le tte r.)*
Comme nts:*
2. Vio lations (DWR Requirement)
2a. Is the site in v iolation of DWR Wate r Quality Ce rtification Rule s (15A NCAC 2H .0500), Isolate d We tland Rule s (15A NCAC 2H .1300), or
DWR Surface Wate r or We tland Standards or Riparian Buffe r Rule s (15A NCAC 2B .0200)?*
2b. Is this an afte r-the -fact pe rmit application?*
3. Cumulative Impacts (DWR Requirement)
Yes No
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
(check all that apply)
Click the upload button or drag and drop files here to attach document
Stormwater Mgt Plan SR1379 Penny Road Wake.pdf 540.12KB
File type must be PDF
Yes No
G. Supplementary Information
Yes No
Yes No
Yes No
Document has not be finalized by the State Clearing House.
Yes No
Yes No
3a. Will this proje ct (base d on past and r e asonably anticipate d future impacts) re sult in additional de v e lopme nt, which could impact
ne arby downstre am wate r quality?*
3b. If you answe re d “no,” prov ide a short narrativ e de scription.
4. Sewage Disposal (DWR Requirement)
4a. Is se wage disposal re quire d by DWR for this proje ct?*
5. Endangered Species and Designated Critical Habitat (Co rps Requirement)
5a. Will this proje ct occur in or ne ar an are a with fe de rally prote cte d spe cie s or habitat?*
5b. Hav e you che cke d with the USFWS conce rning Endange re d Spe cie s Act impacts?*
5c. If ye s, indicate the USFWS Fie ld Office you hav e contacte d.
5d. Is anothe r Fe de ral age ncy inv olv e d?*
5e . Is this a DOT proje ct locate d within Div ision's 1-8?*
5j. What data source s did you use to de te rmine whe the r your site would impact Endange re d Spe cie s or De signate d Cr itical Habitat?*
6. Essential Fish Habitat (Corps Requirement)
6a. Will this proje ct occur in or ne ar an are a de signate d as an Esse ntial Fish Habitat?*
6b. What data source s did you use to de te rmine whe the r your site would impact an Esse ntial Fish Habitat?*
7. Historic or Prehistoric Cultural Reso urces (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
7a. Will this proje ct occur in or ne ar an are a that the state , fe de ral or tribal gov e rnme nts hav e de signate d as hav ing historic or cultural
pre se rv ation status (e .g., National Historic Trust de signation or prope rtie s significant in North Carolina history and archae ology)?*
7b. What data source s did you use to de te rmine whe the r your site would impact historic or arche ological re source s?*
7c. Historic or Pre historic Information Upload
Yes No
Replacing existing structures with new structure on existing facility.
Yes No N/A
Yes No
Yes No
Raleigh
Yes No Unknown
Yes No
Carolina Ecosystems, Inc. 02/16/18 and 06/08/18 site visits by Phil May and Rob Crowther revealed no suitable
habitat for Bald Eagle and RCW, so Biological Conclusions of No Effect are rendered for each species. A plant
survey in marginal habitat for Michaux's sumac revealed no species observed and a Biological Conclusion of No
Effect is rendered. April 13, 2018 habitat assessment and survey by biologists Tom Dickinson and Lizzy Stokes-
Cawley from Three Oaks Engineering was conducted and no aquatic specimens were found. Based on these
findings and following the steps of the newly implemented PBO for aquatic species, Biological Conclusions of No
Effect are appropriate for listed aquatic species that are known from or have potential to occur in the county, or
petitioned species that could become listed with the project timeline.
Yes No
Available mapping
Yes No
NCDOT HEU SHPO review: No surveys required from either group, Historic Structures nor Archaeology.
8. Flo o d Zone Designatio n (Corps Requirement)
Link to the FEM A Floodplain M aps: https://msc.fema.gov/portal/search
8a. Will this proje ct occur in a FEM A-de signate d 100-ye ar floodplain?*
8c. What source (s) did you use to make the floodplain de te rmination?*
M isce llane ous attachme nts not pre v iously re que ste d.
*
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a “transaction” subject to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic
Transactions Act”);
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic
Transactions Act”);
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name :*
Signature
Date
Click the upload button or drag and drop files here to attach document
18-01-0019NoSurvey.pdf 1.8MB
PA 18-01-0019 No Archaeological Survey Required Pipe Replacement on SR 1379 Penny
Rd, Wake.pdf
628.81KB
File must be PDF
Yes No
FEMA mapping
M iscell aneous
Click the upload button or drag and drop files here to attach document
File must be PDF or KMZ
Si gnature
By checking the box and signing below, I certify that:
Heather W. Montague
7/11/2018
Project Tracking No.:
“No ARCHAEOLOGY SURVEY REQUIRED” form for the Amended Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
1 of 4
18-01-0019

NO ARCHAEOLOGICAL SURVEY REQUIRED FORM
This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not
valid for Historic Architecture and Landscapes. You must consult separately with the
Historic Architecture and Landscapes Group.

PROJECT INFORMATION

Project No: Pipe, S R 1379 County: Wake
WBS No: 17BP.5.C.PE Document: M C C
F.A. No: N/A Funding: State Federal
Federal Permit Required? Yes No Permit Type: usace
Project Description: NCDOT proposes to replace an existing 66 inch reinforced concrete pipe located
under SR 1379 (Penny Road), near Yates Mill Pond. Plans are not available, though the assumption is a
replace-in-kind of an existing pipe or culvert. Some minor realignment and drainage easements may be
required. The Division suggested that an area of 100 ft x 100 ft would adequately cover the proposed work
and equates to the Area of Potential Effects. The majorty of the APE is disturbed by the existing roadway,
channelized drainage and pipe installation.
Since a USACE permit is anticipated, this archaeological review for a federal undertaking falls under
Section 106 of the National Historic Preservation Act.
SUMMARY OF CULTURAL RESOURCES REVIEW
Brief description of review activities, results of review, and conclusions:
The pipe to be replaced is located along SR 1379 in Wake County south of Yates Mill Pond of Panther.
Much of the project likely falls within the existing ROW.
USGS mapping (Lake Wheeler) and aerial photography was studied (see Figures 1 and 2). Google street
view tools were used. According to USGS mapping and GIS resources (data layer created by NCDOT
archaeologist Paul J. Mohler), no cemetery is present at the APE.
The Office of State Archaeology was visited in February of 2017 to review archaeological mapping and to
reference any known archaeological surveys and sites. This helps establish an archaeological context for
comparison. There are no archaeological sites mapped in close proximity to the APE. On the other side of
Yates Mill Road to the north is National Register of Historic Places-listed Yates Mill (Wa0050), a historic
site with an assigned archaeological site number of 31Wa1035. Archaeological reviews have been
conducted for a road realignment on Lake Wheeler Road and a bridge replacement. Yates Mill will not be
affected by this pipe replacement.
For this undertaking, a pipe replacement, the project footprint is extremely limited and assumed to be within
disturbed soils. Expectations are very low that an intact, significant archaeological site would be affected
during the installation of a new pipe. No archaeological survey is recommended for this undertaking as
currently proposed. For archaeological review, the pipe replacement should be considered compliant with
Section 106.
Project Tracking No.:
“No ARCHAEOLOGY SURVEY REQUIRED” form for the Amended Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
2 of 4
18-01-0019
Brief Explanation of why the available information provides a reliable basis for reasonably predicting
that there are no unidentified historic properties in the APE:
The scale and nature of the project is limited to a pipe installation. It is unlikely that archaeological remains
are present, and if so, that they would be intact and significant. For archaeological review, this state funded,
federally permitted undertaking should be considered compliant with Section 106.

SUPPORT DOCUMENTATION
See attached: Map(s) Previous Survey Info Photos Correspondence
Photocopy of County Survey Notes Other:
FINDING BY NCDOT ARCHAEOLOGIST
NO ARCHAEOLOGY SURVEY REQUIRED
4/16/2018
NCDOT ARCHAEOLOGIST Date
Project Tracking No.:
“No ARCHAEOLOGY SURVEY REQUIRED” form for the Amended Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
3 of 4
18-01-0019

Figure 1. Vicinity of PA 18-01-0019, the proposed replacement of a pipe serving SR 1379 (Penny Road) in Wake County. The project is
very limited in spatial boundaries; the project area is circled on this USGS mapping excerpt (Lake Wheeler).
S R -1 3 7 9
SR-1382
S R -1 3 8 1
SR-1375
SR-1371
SR-1384
SR-2776
S
R
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1
0
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SR-3909
SR-1380
SR-1373
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SR-1443
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SR-5863
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3734
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SR
-
2829
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R
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6
2
SR-1506
SR-2854
SR-
3
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SR-1577
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SR-1450
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R
-4
0
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SR-5041
SR-5068
SR-2851SR-3990
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R
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SR-3991
SR-2800
SR-5848
SR-
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0
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SR-1502
SR-4713
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R-5411
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S R -3 9 3 3
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S
R-3910
SR-39
12
S
R-4097
SR-1526
S R -5 0 3 2
S
R
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5
8
6
2
US-401
US-401
S w i f t C r e e k
Swift Creek (Lake Wheeler)
S wift Creek
Swift Creek (Lake Wheeler)
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community,
Copyright:© 2013 National Geographic Society, i-cubed, Content may not reflect National Geographic's current map policy. Sources: National Geographic, Esri, DeLorme,
HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
Project Tracking No.:
“No ARCHAEOLOGY SURVEY REQUIRED” form for the Amended Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
4 of 4
18-01-0019

Figure 2. Aerial map of PA 18-01-0018 showing the setting of the pipe replacement along SR 1379, Penny Road. The approximate APE
is shown in yellow. Yates Mill historic site is towards the top of the figure, northward about 1000 feet away.
S R -1 3 7 9
SR-1371
SR-1381
S R-15 28
S
R
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3
9
1
3
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R
-1
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2
7
SR-1526
S
R
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8
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R
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6
9Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,
swisstopo, and the GIS User Community, Content may not reflect National Geographic's current map policy. Sources: National Geographic,
Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
0 500 1,000250 Feet
¯
1

NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017

Linear Transportation Projects. Activities required for crossings of waters of the United
States associated with the construction, expansion, modification, or improvement of linear
transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways)
in waters of the United States. For linear transportation projects in non-tidal waters, the
discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For
linear transportation projects in tidal waters, the discharge cannot cause the loss of greater
than 1/3-acre of waters of the United States. Any stream channel modification, including bank
stabilization, is limited to the minimum necessary to construct or protect the linear
transportation project; such modifications must be in the immediate vicinity of the project.

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

This NWP cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars.

Notification: The permittee must submit a pre-construction notification to the district engineer
prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-
acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general
condition 32.) (Authorities: Sections 10 and 404)

Note 1: For linear transportation projects crossing a single waterbody more than one time at
separate and distant locations, or multiple waterbodies at separate and distant locations, each
crossing is considered a single and complete project for purposes of NWP authorization.
Linear transportation projects must comply with 33 CFR 330.6(d).

Note 2: Some discharges for the construction of farm roads or forest roads, or temporary
roads for moving mining equipment, may qualify for an exemption under section 404(f) of the
Clean Water Act (see 33 CFR 323.4).

Note 3: For NWP 14 activities that require pre-construction notification, the PCN must
include any other NWP(s), regional general permit(s), or individual permit(s) used or intended
2

to be used to authorize any part of the proposed project or any related activity, including other
separate and distant crossings that require Department of the Army authorization but do not
require pre-construction notification (see paragraph (b) of general condition 32). The district
engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.”
The district engineer may require mitigation to ensure that the authorized activity results in no
more than minimal individual and cumulative adverse environmental effects (see general
condition 23).

3
NATIONWIDE PERMIT GENERAL 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. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.

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. Migratory 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, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.

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

4
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, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre-construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).

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, or during low tides.

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 and compliance with applicable
NWP general conditions, as well as any activity-specific conditions added by the district
engineer to an NWP authorization.

15. 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.

16. Wild and Scenic Rivers. (a) No NWP 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,

5
unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will 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, the permittee must
submit a pre-construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which “may affect” a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre-construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity 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

6
might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity “may affect” or will have “no effect” to listed species and designated critical
habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of
receipt of a complete pre- construction notification. 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
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have “no effect” on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the
district engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the “take” of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take”
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word “harm” in the definition of “take'' means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory

7
birds or eagles, including whether “incidental take” permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity.

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

8
(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre-construction notification whether NHPA
section 106 consultation is required. If NHPA section 106 consultation is required, the district
engineer will notify the non-Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non-Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.

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

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public 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, 50, 51, and 52 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, 38, and
54, notification is required in accordance with general condition 32, 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.

9
23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for
all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity-specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre-construction notification,
the district engineer may determine on a case-by-case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored 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. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form
of minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-

10
lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in-lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or fill

11
material into waters of the United States that will convert a forested or scrub-shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non-Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.

25. 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.

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.

27. 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.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
“When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To

12
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below.”

(Transferee)

(Date)

30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in-lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a “USACE project”), the prospective permittee must
submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.

32. 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, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the

13
prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is “no effect” on listed species or
“no potential to cause effects” on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been 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 may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee’s right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre-construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.

14
Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
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 on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre-construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre-construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will 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, the PCN must identify the
Wild and Scenic River or the “study river” (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre-construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(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 an NWP PCN and must include all of the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and

15
supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(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 activity’s adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre-
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site-specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre-construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity’s compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre-construction
notification that the resource agencies’ concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) 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.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre-construction notifications to expedite agency coordination.

DISTRICT ENGINEER’S DECISION

1. 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

16
individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.

2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case-specific special conditions to the NWP
authorization to address site- specific environmental concerns.

3. 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 NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than 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 environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and

17
include any activity-specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. 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 proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity-specific
conditions added to the NWP authorization by the district engineer.

4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity 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 environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.

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 (see general condition 31).

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DEFINITIONS

Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term “discharge” means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water’s surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National

19
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi-phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: 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.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the

20
primary source of water for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre-construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-
construction notification may be voluntarily submitted in cases where pre-construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)

21
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term “single and complete project” is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWP authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term “single and
complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of “independent
utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream’s course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water

22
surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds,
and wetlands.

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FINAL REGIONAL CONDITIONS 2017

NOTICE ABOUT WEB LINKS IN THIS DOCUMENT:
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time of publication. However, the Wilmington
District Regulatory Program web page addresses, as with other agency web sites, may change
over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re-direct pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the “Permits” section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.

Final 2017 Regional Conditions for Nationwide Permits (NWP) 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:

1.1 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 the Corps and either NCDMF or NCWRC.

1.2 Trout Waters Moratorium

Waters of the United States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).

1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)

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 NMFS.

24
2.0 Waters Requiring Additional Notification

The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:

2.1 Western NC Counties that Drain to Designated Critical Habitat

For proposed activities within waters of the United States that require a Pre-Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
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 U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.

Website and office addresses for Endangered Species Act Information:

The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.a
spx

Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone]:

Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.

U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.

U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726

25
Raleigh, NC 27636-3726
Telephone: [phone]

2.2 Special Designation Waters

Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:

“Outstanding Resource Waters” (ORW) or “High Quality Waters” (HQW) as designated by the
North Carolina Environmental Management Commission; “Primary Nursery Areas” (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
10C (15A NCAC 02B, 15A NCAC 10C) and at the following World Wide Web page:
http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
https://deq.nc.gov/about/divisions/water-resources/planning/classification-
standards/classifications

Permittees who do not have internet access may contact the Corps at (910) 251- 4633.

2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern

Non-federal permittees 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. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office – 69 Darlington Avenue, Wilmington, NC 28403, [phone] or Washington Field
Office – 2407 West 5th Street, Washington, NC 27889, [phone]).

2.4 Barrier Islands

Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).

2.5 Mountain or Piedmont Bogs

Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version of NCWAM can be

26
viewed on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO:::

2.6 Animal Waste Facilities

Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).

2.7 Trout Waters

Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.

Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.

NCWRC and NC Trout Watersheds:

NCWRC Contact** Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Balsam Depot
20830 Great Smoky
Mountain Expressway
Waynesville, NC 28786
Telephone: [phone]

For NCDOT Projects:

NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
Telephone: [phone]

Alleghany
Ashe
Avery
Graham
Haywood

Jackson
Macon
Swain
Transylvania
Watauga

Burke
Buncombe
Caldwell
Cherokee
Clay
Henderson
Madison
McDowell
Mitchell
Polk
Rutherford
Surry
Wilkes
Yancey

27
*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Trout/.

**If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.

2.8 Western NC Waters and Corridors

The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):

Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek

28
Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River

To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World Wide Web page:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Designated-Special-Waters.aspx

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 Stream Bed

NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case-by-case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.

This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).

*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO:::

3.2 Mitigation for Loss of Stream Bed

For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.

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, intermittent or ephemeral stream, the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to

29
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, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.

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. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.

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

3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.

3.5.4. 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.

3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.

3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.

3.6 Requirements for Culvert Placement

3.6.1 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 altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be

30
sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring flows should be determined from gage data, if available. In the absence of such data,
bank-full flow can be used as a comparable indicator.

In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.

In all other areas: 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 to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.

Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.

A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.

All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.

31
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.

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

3.6.3 Where adjacent floodplain is available, flows exceeding bank-full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank-full.

3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.

3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.

3.7 Notification to NCDEQ Shellfish Sanitation Section

Permittees shall notify the NCDEQ 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 Regulatory Field Office. Any disposal of sand to the ocean beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand

32
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 by the
permittee.

3.8 Submerged Aquatic Vegetation

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

3.9 Sedimentation and Erosion Control Structures and Measures

All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.

3.10 Restoration of Temporary Impacts to Stream Beds

Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre-project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in-stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 – Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.

3.11 Restoration of Temporary Impacts to Stream Banks

Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre-project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure

33
needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.

3.12 Federal Navigation Channel Setbacks and Corps Easements

3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.

3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District’s Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail]

3.13 Northern Long-eared Bat – Endangered Species Act Compliance

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

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

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

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

• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.

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

34

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

• is located in a 12-digit Hydrologic Unit Code area (“red HUC” - shown as red areas
on the map), AND/OR;

• involves percussive activities within 0.25 mile of a red HUC.

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

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

• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;

• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:

• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee’s review under A.(1) and A.(2) above shows that
the project is:

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

35
• located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the USACE is not the lead federal agency:

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

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

3.14 Work on Eastern Band of Cherokee Indians Land

All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.

4.0 Additional Regional Conditions for Specific Nationwide Permits

4.1 NWP #14 - Linear Transportation Projects

4.1.1 If appropriate, permittees shall employ natural channel design (see definition below and
NOTE below) to the maximum extent practicable for stream relocations. All stream relocation
proposals shall include a Relocation and Monitoring Plan and a functional assessment of baseline
conditions (e.g., use of the North Carolina Stream Assessment Methodology). Compensatory
mitigation may be required for stream relocations.

Natural Channel Design means a geomorphologic approach to stream restoration based on an
understanding of valley type, general watershed conditions, dimension, pattern, profile,
hydrology and sediment transport of natural, stable channels (reference condition) and applying
this understanding to the reconstruction of a stable channel.

NOTE: For more information on Natural Channel Design, permittees should reference North
Carolina Stream Mitigation Guidance on the Corps RIBITS (Regulatory In-lieu Fee and Bank
Information Tracking System) website or at the following World Wide Web Page:
https://ribits.usace.army.mil/ribits_apex/f?p=107:27:16705499703550::NO:RP:P27_BUTTON_
KEY:0.

36

4.1.2 This NWP authorizes only upland to upland crossings and cannot be used in combination
with Nationwide Permit 18 to create an upland within waters of the United States, including
wetlands.

4.1.3 This NWP cannot be used for private projects located in tidal waters or tidal wetlands.

4.1.4 In designated trout watersheds, a PCN is not required for impacts to a maximum of 60
linear feet (150 linear feet for temporary dewatering) or 1/10-acre of jurisdictional aquatic
resources for proposed structures not adjoining, adjacent to, or connected to existing structures.
In designated trout waters, the permittee shall submit a PCN (see Regional Conditions 2.7 and
General Condition 32) to the District Engineer prior to commencing the activity if 1) impacts
(other than temporary dewatering to work in dry conditions) to jurisdictional aquatic resources
exceed 60 linear feet or 1/10-acre; 2) temporary impacts to streams or waterbodies associated
with dewatering to work in dry conditions exceed 150 linear feet; 3) the project will involve
impacts to wetlands; 4) the primary purpose of the project is for commercial development; 5) the
project involves the replacement of a bridge or spanning structure with a culvert or non-spanning
structure in waters of the United States; or 6) the activity will be constructed during the trout
waters moratorium (October 15 through April 15).

4.1.5 The permittee shall submit a PCN to the District Engineer prior to commencing the activity
if the activity will involve the discharge of dredged or fill material into more than 150 linear feet
of stream channel for the construction of temporary access fills and/or temporary road crossings.
The PCN must include a restoration plan that thoroughly describes how all temporary fills will
be removed, describes how pre-project conditions will be restored, and includes a timetable for
all restoration activities.

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DUKE ENERGY PROGRESS
SR 1379 (PENNY RD.) 25’ PAVED ROADWAY
48" WOOD SPLIT RAIL
INV=297.27’INV=297.48’
INV=298.26’INV=298.15’
CONC
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FFE=310.19’
FFE=311.47’
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****************************************
BM SET IN 24" OAK
BL STATION 15+62.00 22 RIGHT
N 714838 E 2091908
BM1 ELEVATION = 307.36
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BRYAN G YURKO
BM 1984 PG 856
DB 13519 PG 2134
TONY W WOODALL
BM 1999 PG 203
DB 16282 PG 276
BM 1999 PG 203
JOSEPH E WALAS
DB 8536 PG 416
DEAN R LAZZARO
BM 1978 PG 499
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DATUM DESCRIPTION
THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT
IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY
NCGS FOR MONUMENT "GPS-2"
WITH NAD 83/NA 2011 STATE PLANE GRID COORDINATES OF
NORTHING: 714251.11(ft) EASTING: 2091028.27(ft)
ELEVATION: 374.34 (ft)
THE AVERAGE COMBINED GRID FACTOR USED ON THIS PROJECT
(GROUND TO GRID) IS: 0.999892693
THE N.C. LAMBERT GRID BEARING AND
LOCALIZED HORIZONTAL GROUND DISTANCE FROM
"GPS-2" TO -L- STATION IS

ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES
VERTICAL DATUM USED IS NAVD 88
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DOCUMENT NOT CONSIDERED FINAL
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CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION
TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN
Liscense No. F-0377
1223 Jones Franklin Rd.
PENNY ROAD
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BEGIN PAVEMENT
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5BPR.20921
PIPE PLAN DETAILS
SHEET NUMBER SHEET
INDEX OF SHEETS
TRANSPORATION MANAGEMENT PLANS
4
4A BYPASS PUMPING PLAN
5 ELEVATION VIEW
PLAN VEIW
6
TMP-1 THRU TMP-2
TYPICAL SECTIONS, PAVEMENT SCHEDULE, & MISCELLANEOUS DETAILS
EROSION CONTROL PLAN AND DETAILSEC-1 THRU EC-4
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WITH ENDWALLS
STRUCTURAL PLATE PIPE-ARCH
10’-9" x 6’-10" ALUM. ALLOY
10.75’
10.75’
EST. 23 TONS
CLASS II RIP RAP W/NO GEOTEXTILE
approx. shoulder
approx. shoulder
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. shoulder
approx. shoulder
est.178 sy geotextile
est. 176 tons
(see detail A)
CLASS II RIP RAP
est. 58 sy geotextile
est. 57 tons
CLASS II RIP RAP W/GEOTEXTILE
est. 11 sy geotextile
est. 11 tons
CLASS II RIP RAP
est. 18 sy geotextile
est. 18 tons
CLASS II RIP RAP W/GEOTEXTILE
d
1.
5:
1
B
D
( Not to Scale)
SPECIAL CUT BASE DITCH
Flatter1.5:1 or
DETAIL A
B=4.0 Ft.
Max. d=8.0 Ft.
Min. D=5.0 Ft.
Type of Liner= Class II Rip-Rap
Ground
Natural
(see detail A)
SPECIAL CUT BASE DITCH
FLO
W
EX.R/W LT
+11.04
53.17’ LT
+29.32
52.86’ LT
+73.48
35.13’ LT
+95.84
EX.R/W LT
+96.18
49.00’ RT
EX.R/W RT
+00.00
56.54’ RT
+32.62
60.51’ RT
+97.63
46.16’ RT
+20.93
60.24’ RT
+81.09
32.72’ RT
EX.R/W RT
+28.96
LT
48.75’
+10.71
49.00’ RT
EX.R/W RT
+85.00RIGHT OF ENTRY
RIGHT OF ENTRY
DocuSign Envelope ID: 3DB74A77-12FC-4CF9-8113-08C4E28416E5
6/26/2018 6/26/2018
7.24’14.47’14.47’7.24’9.37’5.71’
58.50’
27.42’31.08’
4.51’
4.00’8.92’8.92’8.92’8.92’8.92’8.92’
Ground
Natural
Ground
Natural
Geotextile
Type of Liner= CLASS II Rip-Rap
(Variable)
CHANNEL BED
Ground
Natural
Ground
Natural
Geotextile
Type of Liner= CLASS II Rip-Rap
(Variable)
CHANNEL BED
Min. D=TOP OF BANK
*:
1 *:1
* VAR. 1.5:1 TO EX. BANK
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
HYDRAULICSROADWAY DESIGN
ENGINEER ENGINEER
R/W SHEET NO.
SHEET NO.PROJECT REFERENCE NO.
8
/
1
7
/
9
9
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
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ENGINEERING
ETHERILLW Raleigh, N.C. 27606
Bus: 919 851 8077
Fax: [phone]
CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION
TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN
Liscense No. F-0377
1223 Jones Franklin Rd.
PENNY ROAD
(SR 1379)
5BPR.20921
PR OFESS
IO
N
A
L
E
NG INEER
N ORTH CARO
LINA
SEAL
15833

R
L. LIN DSYE
YRJE
PR OFESS
IO
N
A
L
E
NG INEER
N ORTH CARO
LINA
SEAL
022999

R
EG
S. PURV ISG
EXISTINGEXISTING
2:12:1
12’12’6’6’
ROADWAY TYPICAL
56 DEGREE SKEW
STRUCTURAL PLATE PIPE-ARCH WITH ENDWALLS
C 10’-9" x 6’-10" ALUM. ALLOY L
35.0’20.0
FLOW
EL. 297.6
EL. 304.4
EL. 296.6 TOEWALL
EL. 305.9 TOP 1.5’ HEADWALL
EL. 296.0EL. 295.92@66" RCP
EXISTING
EL. 297.7
EL. 298.5
EL. 298.5 EL. 298.2 EL. 297.3
15.0’30.0’
EL. 295.9
EL. 302.7
EL. 304.2 TOP HEADWALL
1.00’
ALUMINUM STRUCTURAL PLATE PIPE-ARCH
PROFILE VIEW 10’-9" X 6’-10" CORRUGATED
ELEVATION=307.4
CENTERLIINE ROADWAY OVER PIPE
PROPOSED ELEVATIONS:
INVERT PIPE= 297.6
STREAM BED= 298.1
TOP OF PIPE= 304.4
TOP OF HEADWALL=305.9
INLET:
INVERT PIPE= +/-295.9
STREAM BED= +/- 295.9
TOP OF PIPE= +/- 302.7
TOP OF HEADWALL=+/- 304.2
OUTLET:
HL-93 LOADING.
BE DESIGNED TO MEET OR EXCEED ASSHTO
THE STRUCTURE AND ALL COMPONENTS SHALL
EL. 294.9 TOEWALL
PIPE-ARCH.
CORRUGATED ALLUMINUM STRUCTURAL PLATE
CENTERLINE LENGTH=58’-6" OF 10’-9" X 6’-10"
2:1 OR FLATTER
2:1 OR FLATTER
EL. 307.4EL. 306.8 EL. 307.3
EL. 306.6
EL. 307.3
= 161 tons2000
9061.1681 ’2 #57 x 58.5 x
30.4547’ fabric x 58.5/9 =197 sy
= 1028 tons2000
140251.0401 ’2 ABC x 58.5 x
0.5’ SILL(typ.)
MAXIMUM COVER OVER PIPE=4.2’ AT EP HIGH SIDE SUPER
2.3 AT SHOULDER POINT.
MINIMUM COVER=1.5’ AT HEADWALL;
TO ALUMINUM STRUCTURAL PLATE HEADWALL.
PLATE STUBBED OUT, WHICH SHALL BE FULLY WELDED
W/ 2 SECTIONS OF 10’-9" X 6’10" 0.150" ALUMINUM
STRUCTURAL ALUMINUM STRUCTURAL PLATE HEADWALLS
ONE 45’ WIDE BY 10’-0" TALL (DOWNSTREAM) FULLY WELDED
ONE 36’-0" WIDE BY 10’-0" TALL (UPSTREAM) AND
FLOW
D
( Not to Scale)
PIPE INLET DETAIL
Min. D=TOP OF BANK
*:
1 *:1
* VAR. 1.5:1 TO EX. BANK
nws
D
( Not to Scale)
nws
PIPE OUTLET DETAIL
DocuSign Envelope ID: 3DB74A77-12FC-4CF9-8113-08C4E28416E5
6/26/2018 6/26/2018
PIPE DATA SHEET
Date:Sheet of
Project Number: I.D. No.:SR 1379 County: WAKE Designed By: JLL Checked By:
GP Elev.: 307.420 ft Plan Summary Data
Shoulder Drainage Area: .7 sm.
Elev.: 305.990 ft Design Freq.: 25 yr.
Station: Design Disch.: cfs.
Skew: 56 DEG Design H.W. Elev.: ft.
Size/Type Pipe: 10-9x6-10 AASPPA H.W. H Q100 Discharge: cfs
Type Entrance:HEADWALL Q100 Elev.: ft.
Direction of Flow: LT TO RT LSo T.W. Overtopping Freq.: 50 yr.-
Hydrological Method: USGS urban 20% ia Inlet true inv. 297.6 So= 5.0% true inv. 294.7 Overtopping Disch.: 500 cfs.
H.W. Control Elevation: Invert Elev.: 298.10 ft L= 58.5 Outlet Inv. Elev. 295.20 ft Overtopping Elev.: 305.5 ft.
PIPE CULVERT ANALYSIS (English)RCP=.012, CMP=.024 Channel Specs Slope: 0.94% Lt. Side Slope 1 1
n= 0.0327 Base= 10 n= 0.045 Rt. Side Slope 1 1
Size & Type TW Q Nat. Allow. Inlet Control Outlet Control HW Vo
SIZE(in) # FREQ ft ft^3/s H.W. H.W. HW/D HW (ft) Ke dc (dc+D)/2 ho H L*SO HW ELEV. (ft/s)
Pipes 14.85 Partial Flow 10-Yr

10-9x6-10 1 10yr 4.49 420 1.01 5.93 0.5 4.10 5.00 4.83 1.93 2.90 3.86 304.03 7.49 INLET CONTROL
10-9x6-10 1 25yr 4.995 510 1.17 6.83 0.5 4.57 5.20 5.14 2.86 2.90 5.10 304.93 9.09 INLET CONTROL
10-9x6-10 1 50yr 5.31 570 1.33 7.76 0.5 4.86 5.35 5.38 3.57 2.90 6.05 305.86 10.16 INLET CONTROL
10-9x6-10 1 100yr 5.65 640 1.50 8.75 0.5 5.15 5.49 5.57 4.50 2.90 7.17 306.85 11.41 INLET CONTROL

Recommendation: 1 @ 10'-3" x 6'-9" Aluminum Alloy Structural Plate Pipe Arch with Endwalls. Inv. Buried .5'

NOTE: 1.5' COVER AT SHOULDER POINT.
NOTE: FLOOR OF GARAGE UPSTREAM ELEV. 310.19. FF HOUSE ELEV. 311.47.
10'-9"x6'-10" Area= 58.4, p=28.2
10'-9"x6'-10" buried 0.5', Area= 56.1, p=28.1, IC chart 36, Dc chart 38 use 9'-6"x6'-5" (conservative), OC chart 40
1
(Version 2.08; Released April 2018)
17BP.5.C.PE TIP No.:SR 1379 County(ies):Wake Page 1 of 1
TIP Number:Date:
Phone:Phone:
Email:Email:
County(ies):
CAMA County?
No
Design/Future: Year:2016 Existing: Year:
Aquatic T&E Species?Comments:
No N/A
No
No
Deck Drains Discharge Over Water Body?(If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the
General Project Narrative)(If yes, provide justification in the General Project Narrative)
ac.
25' pavement with +/- 3' grasssed shoulder
3500
[e-mail]
Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer?
NRTR Stream ID:
Annual Avg Daily Traffic (veh/hr/day):
Existing Site
Project Length (lin. miles or feet):
ac.
Surface Water Body (1):
Water Supply III (WS-III)NCDWR Surface Water Classification for Water Body
NeuseBuffer Rules in Effect:
3500
2-12' paved lanes with 6' grassed shoulders.
Waterbody Information
2016
NCDWR Stream Index No.:
17BP.5.C.PE
Impairments:
Other Stream Classification:
Primary Classification:
Project Built-Upon Area (ac.)
This is a maintenance pipe replacement to replace a double line of 66" RCP with headwalls (+/- 45.5' long) with 1 @ 10'-9" x 6'-10" Aluminum Structural Plate Pipe-Arch with
headwalls (+/- 58.5' long). Roadway drainage will be sheet flow over grasssed shoulders and roadway fill sections. There is a proposed dissipator pad at the outlet of the
proposed pipe in the existing scour hole. There will also be rip placed on the banks for bank stabilization at the pipe inlet and outlet.
1223 Jones Franklin Road
North Carolina Department of Transportation
Highway Stormwater Program
STORMWATER MANAGEMENT PLAN
FOR NCDOT PROJECTS
Project Type:
2612 North Duke Street Address:
General Project Information
SR 1379
WBS Element:
Pipe ReplacementWBS Element:
Wetherill Engineering/Jerry LindseyNCDOT Contact:
919-220-4600
Raleigh, NC 27606
Contractor / Designer:
919-851-8077
[e-mail]
Address:
5/15/2018
Wake
Chris Murray
Durham, NC 27704
River Basin(s):
City/Town:
0.1
Typical Cross Section Description:
Surrounding Land Use:
General Project Narrative:
(Description of Minimization of Water
Quality Impacts)
No
woods/ residential
Unnamed Trib to Swift Creek 27-43-5-(1.5)
0.1
100' +/-
Project Description
Proposed Project
Neuse
None
Supplemental Classification: Nutrient Sensitive Waters (NSW)
Wetlands within Project Limits?
SR 1379 (PENNY RD.) 25’ PAVED ROADWAY
48" WOOD SPLIT RAIL
INV=297.27’INV=297.48’
INV=298.26’INV=298.15’
CONC
N
C
G
RI
D
N
A
D 83
N
A 2011
BRYAN G YURKO
T
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W
W
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JOSEPH E WALAS
DEAN R LAZZARO
-EL-
EIP EIP
WOODS
WOODS
WOODS
WOODS
6
0
.
0
0
’
EXISTING R/W
EXISTING R/W
HW
CONC
HW
CONC
66"
R
CP
66" R
CP
10.75’
10.75’
EST. 23 TONS
CLASS II RIP RAP W/NO GEOTEXTILE
approx. shoulder
approx. shoulder
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. shoulder
approx. shoulder
est.178 sy geotextile
est. 176 tons
(see detail A)
CLASS II RIP RAP
est. 58 sy geotextile
est. 57 tons
CLASS II RIP RAP W/GEOTEXTILE
est. 11 sy geotextile
est. 11 tons
CLASS II RIP RAP
est. 18 sy geotextile
est. 18 tons
CLASS II RIP RAP W/GEOTEXTILE
36.00’
45.00’
SHEET NO.PROJECT REFERENCE NO.

ENGINEERING
ETHERILLW
CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION
TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN
Fax: [phone]
Bus: 919 851 8077
License No. F-0377
Raleigh, N.C. 27606
1223 Jones Franklin Road
SHEET __ OF __
PERMIT DRAWING
GRAPHIC SCALE
0’30’30’
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
WAKE COUNTY
PROJECT: 17BP.5.C.PE
SR 1379
PENNY ROAD
WITH ENDWALLS
STRUCTURAL PLATE PIPE-ARCH
10’-9" x 6’-10" ALUM. ALLOY
HEADWALL
5600’00"
S S SURFACE WATER
DENOTES IMPACTS IN
TS TS
IMPACTS IN SURFACE WATER
DENOTES TEMPORARY
SITE 1
SITE 2
SITE 3
P
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18
Hand Existing Existing
Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural
Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream
No. (From/To) Size / Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design
(ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft)
1 10'9"x6'10" STR. PL CAAPA 0.01 33
PIPE < 0.01 14
RIP RAP 0.02 45
2 RIP RAP < 0.01 56
3 RIP RAP < 0.01 < 0.01 13 15

TOTALS*: 0.03 0.01 128 48 0
*Rounded totals are sum of actual impacts
NOTES:
Revised 2013 10 24 SHEET 1 OF 1
WETLAND PERMIT IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
WAKE CO.
18121.09 DIV 5
SR 1379
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
6/25/2018

SR 1379 (PENNY RD.) 25’ PAVED ROADWAY
48" WOOD SPLIT RAIL
INV=297.27’INV=297.48’
INV=298.26’INV=298.15’
CONC
N
C
G
RI
D
N
A
D 83
N
A 2011
BRYAN G YURKO
T
O
N
Y
W
W
O
O
D
A
L
L
JOSEPH E WALAS
DEAN R LAZZARO
-EL-
EIP EIP
WOODS
WOODS
WOODS
WOODS
6
0
.
0
0
’
EXISTING R/W
EXISTING R/W
HW
CONC
HW
CONC
66"
R
CP
66" R
CP
10.75’
10.75’
EST. 23 TONS
CLASS II RIP RAP W/NO GEOTEXTILE
approx. shoulder
approx. shoulder
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. toe of fill/rdwy ditch
approx. shoulder
approx. shoulder
est.178 sy geotextile
est. 176 tons
(see detail A)
CLASS II RIP RAP
est. 58 sy geotextile
est. 57 tons
CLASS II RIP RAP W/GEOTEXTILE
est. 11 sy geotextile
est. 11 tons
CLASS II RIP RAP
est. 18 sy geotextile
est. 18 tons
CLASS II RIP RAP W/GEOTEXTILE
36.00’
45.00’
P
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/2
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SHEET NO.PROJECT REFERENCE NO.

ENGINEERING
ETHERILLW
CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION
TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN
Fax: [phone]
Bus: 919 851 8077
License No. F-0377
Raleigh, N.C. 27606
1223 Jones Franklin Road
SHEET __ OF __
BUFFER DRAWING
GRAPHIC SCALE
0’30’30’
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
WAKE COUNTY
PROJECT: 17BP.5.C.PE
SR 1379
PENNY ROAD
WITH ENDWALLS
STRUCTURAL PLATE PIPE-ARCH
10’-9" x 6’-10" ALUM. ALLOY
HEADWALL
5600’00"
ALLOWABLE IMPACTS ZONE 2
ALLOWABLE IMPACTS ZONE 1
MITIGABLE IMPACTS ZONE 1
SITE 1
SITE 2
ROAD
CROSSING BRIDGE
PARALLEL
IMPACT
ZONE 1
(ft2)
ZONE 2
(ft2)
TOTAL
(ft2)
ZONE 1
(ft2)
ZONE 2
(ft2)
TOTAL
(ft2)
ZONE 1
(ft2)
ZONE 2
(ft2)
1 10'9"x6'10" STR. PL CAAPA X 2833 98 2931
2 X 545.0 0.0 545.0
TOTAL:2833 98 2931 545 0 545 0 0
625/2018
SR 1379
18121.09 DIV 5
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS

WAKE COUNTY
IMPACT
BUFFER IMPACTS SUMMARY
TYPE
SITE NO. STRUCTURE SIZE / TYPE
STATION
(FROM/TO)
ALLOWABLE MITIGABLE
BUFFER
RESTORATION
Rev. May 2006