20071181 Ver 1_Other Agency Comments_20070706

U.S. ARMY CARPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW 2007-02215-076 TIP No: B-4246 State Project No: 8.2574301
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County: Randolph
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation
Address: Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1548
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): Bridge No. 228 on SR 2834 over Richland
Creek in Randolph County, North Cazolina.
Description of Activity: To remove existing 92-foot bridge number 228 and replace with a 125-foot 3-span cored slab
bridge on existing alignment. The bridge approaches will be widened resulting in 0.01 acre of wetland impacts on the
northern end of the bridge. The bridge replacement will also involve the placement of a temporary causeway on the soutlarn
end of the bridge for construction access. Traffic will be maintained on existing roadways during construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: Nationwide Permit Number
31 Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in strict
accordance with the attached conditions and your submited plans. If your activity is subject to Section 404 (if Section 404
block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C.
Division of Environmental Management, telephone [phone]
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State andlocal
agencies before beginning work.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
reissued or revoked. If, prior to the expiration date identified below, the nationwidepennit authorization is reissued and/or
modified, this verification will remain validuntil the expiration date identified below, provided it complies with all
modifications. If the nationwide permit authorization expires or is suspended, revoked, or is imdified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided
the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a cas~by-case basis to modify, suspend or revoke the authorization.

Action ID: SAW 2007-02215-076 TIP No: B-4246 State Project No: 8.2574301 County: Randolph
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
If there are any questions regarding this authorization or any of the conditions ofthe RGP or NWP, please contact the Corps
Regulatory Official specified below.
Date 20 September 2007
Expiration Date of Verification 20 e tember 2010
~~'~
Corps Regulatory Official Richard K. S encer Telephone No. [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey orvisit
httn://www.saw.usace.army.mil/WETLANDS/index html to complete the survey online.
CF: Greg Price, NCDOT, PDEA
Art King, NCDOT Div 8
John Hennessy, NCDWQ

Action ID: SAW 2007-02215-076 TIP No: B-4246 State Project No: 8.2574301 County: Randolph
GENERAL PERMIT SPECIAL CONDITIONS
1. Bridge demolition and removal will be accomplished in accordance with "North Carolina
Department of Transportation Policy: Bridge Demolition and Removal in Waters of the United
States" dated September 20, 1999 and a copy will be provided to the contractor prior to the pre-
construction conference.
2. No bridge demolition debris will be intentionally allowed to enter the waterway or wetlands.
Tarps will be hung below the structure to control and detain all demolition debris before it can
enter the waterway.
3. Sediment and erosion control measures shall be in place prior to any demolition or land
clearing activities.
4. Staging areas or the stockpiling of construction material shall not be located in any wetlands.
5. All temporary fill is to be placed on filter fabric and removed from the waterway in its
entirety upon completion of the construction.
6. All construction spoil material shall be disposed of on an upland area and shall not be placed
in any waterway or wetland.

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Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within theabove described
project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative
Appeal Process (Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
^ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: Based on established OHWM in Richland Creek (RPW), which flows into Deea
River (TNW), which flows to the Caae Fear River.
Appeals Information (This information applies only to approved jurisdictional determinations.)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd
a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Richard K. Spencer, Project Manager,
Wilmington Regulatory Field Office
P.O. Box 1890
Wihnington, North Carolina 28402-1890
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 19 November 2007.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: Richard K. Spencer
Date 09/20/2007 Expiration Date 09/20/2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:

Applicant: North Carolina Department of File Number: SAW 2007- Date: 20 September 2007
Transportation 02215-076
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A
PROFFERED PERMIT Standard Permit or Letter of ermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTIONI -The follo~«-ing identifies ti~our rights and options regarding ~n administrative appeal of the above
decision . dditional information maybe found at httpa/wG~~v_nsace.armv.mil/inet/functionslewlcec~r~olreg or
Co s regt~ations at 33 CFR Fari 331. ~~ _
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with tle permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district enginer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections aid may: (a) modify the
permit to address all of your concerns, (b) modify thepenmit to address some of your objections, or (c) not modify thepermit having
determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send
you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document aid return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) becauseof certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the divison engineer within 60 days of the date of this
notice.
C: PERMIT DENIAL: You may appeal the denial of apermit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
15

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the dateof this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - RF UEST FOR APPEAL or OBJECTIONS TO AN INITI4L PROFFF,RED PERMIT'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is alread in the administrative record.
POINT_OECONTACT FOR QL~BSTIONS'OR INFORMATION:
If you have questions regarding this decision and/or If you only have questions regarding the appeal process you
the appeal process you may contact: may also contact:
Mr. Richard K. Spencer, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers, Wilmington District CESAD-ET-CO-R
Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
P.O. Box 1890
Wilmington, North Carolina 228402 60 Forsyth Street, Room 9M15
Atlanta, Geor is 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Signature of ap ellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
16

District Engineer, Wilmington Regulatory Division, Attn: Richard K. Spencer, Project
Manager, Wilmington Regulatory Field Office, P.O. Box 1890, Wilmington, North
Carolina 28402-1890
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
17

Action ID Number:SAW 2007-02215-076 County: Randolph
Permittee: North Carolina Department of Transportation
Date Verification Issued: 20 September 2007
Project Manager: Richard K. Spencer
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Date

a~
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Regional General Permit No. 198200031
Name of Permittee: General Public
Effective Date: September 1, 2003
Expiration Date: August 31, 2008
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT
A regional general permit (RGP) to perform work in or affecting navigable waters of the United
States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant
to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404
of the Clean Water Act (33 U.S.C. 1344), is hereby modified and re-issued by authority of the
Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS
OF THE UNITED STATES, INCLUDING WETLANDS, ASSOCIATED WITH THE
CONSTRUCTION, MAINTENANCE AND REPAIR OF BRIDGES, INCLUDING
COFFERDAMS, ABUTMENTS, FOUNDATION SEALS, PIERS, APPROACH FILLS,
DETOUR FILLS, BOX CULVERT INSTALLATION AND TEMPORARY
CONSTRUCTION AND ACCESS FILLS, IN WATERS OF THE UNITED STATES AS
PART OF WORK CONDUCTED BY THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (NCDOT) OR OTHER STATE, FEDERAL OR LOCAL
GOVERNMENTAL ENTITY, IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Written confirmation that the proposed work complies with this RGP must be received
from the Wilmington District Engineer prior to the commencement of anv work. To enable this
determination to be made, the permittee must furnish the Wilmington District Engineer apre-
construction notification with the following infonnation:

(1) A map indicating the location of the work.
(2) Plans of the proposed work showing all pertinent structures, elevations, dimensions
and quantities of materials and locations of all structures and/or fill in wetlands or waterward of
the normal high water elevation contours.
(3) A brief discussion of the affected aquatic resources, including streams and wetlands.
The discussion shall include the identification and types of vegetation present.
(4) Approximate commencement and completion dates.
(5) A description of methods to be employed to avoid and/or minimize permanent and
temporary impacts to aquatic resources caused by the proposed work.
(6) Plans, including timetables and techniques, for construction, stabilization and
removal of all unavoidable temporary fills.
(7) Names and addresses of adjoining property owners.
b. In the case of fills of one acre or less, including permanent approach fills, detour fills and
fills associated with culvert installation, the Corps of Engineers' Project Manager will determine,
after appropriate onsite visits and review of plans, if the impacts on aquatic resources, including
streams and wetlands, are likely to be such as to require review by Federal and State agencies. If
it is determined that impacts are minimal or can be made minimal by changes agreed to by the
applicant, a letter of authorization to proceed will be provided. If it is determined that review by
Federal and State agencies is necessary to fully evaluate impacts, copies of all plans and
materials will be forwarded to the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the North
Carolina Department of Environment and Natural Resources (NCDENR). These agencies will
furnish comments to the Wilmington District Engineer within thirty (30) days.
c. In cases of fills greater than one acre, copies of all plans and materials will be forwarded
to the USFWS, the NMFS, the EPA and the NCDENR. These agencies will furnish comments to
the Wilmington District Engineer in thirty (30) days. In cases of land disturbing activities
comprising more than one acre, aSedimentation/Erosion Control Plan will be filed with the
North Carolina Division of Land Resources, Land Quality Section, thirty (30) days prior to
commencing work.
d. Where work is proposed within the twenty (20) coastal counties, as defined by the North
Carolina Division of Coastal Management, the applicant shall forward a copy of the pre-
construction notification to:
2

National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
The counties in which this condition applies are:
Beaufort Hertford IIertie Hyde Brunswick
New Hanover Camden Onslow Carteret Pamlico
Chowan Pasquotank Craven Pender Currituck
Perquimans Dare Tyrrell Gates Washington
e. In the event that any Federal agency maintains an objection or any required State
authorization is outstanding, no notice to proceed will be given until objections are resolved and
State authorizations are issued.
f. No work will proceed until after the applicant has received written notice to proceed from
the Wilmington District Engineer. This notice may include additional conditions andlor
restrictions. Copies of the notice to proceed will be furnished to the USFWS, the NMFS, the
EPA and the NCDENR with a brief description of the work, including the area of wetlands
affected and the quantity of fill material.
g. Upon completion of any work authorized by this RGP, all temporary fills will be
completely removed and the area reestablished as a wetland by restoring natural hydrology and
native vegetation. Stream contours and riparian vegetation will be reestablished upon the
removal of temporary culverts. In such instances, a restoration plan will be submitted to the
Wilmington District Engineer for approval. Information in the restoration plan will be in
accordance with special condition i. below.
h. Appropriate soil and erosion control measures must be established and maintained during
construction. All fills; temporary and permanent, must be adequately stabilized at the earliest
practicable date to prevent erosion of fill material into adjacent waters or wetlands.
i. In cases where new alignment approaches are to be constructed and the existing wetland
approach fill is to be abandoned and no longer to be maintained as a roadway, the abandoned fill
shall be removed and the area reestablished as a wetland. In such instances, a restoration plan
will be submitted to the Wilmington District Engineer for approval. Information in the
restoration plan will be in accordance with special condition i. below.
j. Discharges of dredged or fill material into waters of the United States, including
wetlands, must be minimized or avoided to the maximum extent practicable. In reviewing an
activity, the Wilmington District Engineer will first determine whether the activity will result in
more than minimal adverse environmental affects. For activities that are determined to have
more than minimal impacts, compensatory mitigation will be required. To expedite the process,
the applicant will provide a mitigation plan with the request for authorization. Site specific
mitigation proposals will include, but are not necessarily limited to, a description of work, a

schedule of work and a monitoring plan, and they will be in accordance with currently approved
Wilmington District and/or Corps-wide mitigation guidelines. The applicant may propose other
forms of mitigation, such as mitigation bank credits or in-lieu fee mitigation with the
notification, which in some situations and at the discretion of the Wilmington District, maybe
considered acceptable mitigation.
k. Activities in any North Carolina designated "Mountain Trout Waters" must comply with
all pH, temperature and turbidity criteria established for such waters by the North Carolina
Wildlife Resources Commission (NCWRC) and/or the North Carolina Division of Water Quality
(NCDWQ). Work that may result in the sedimentation of trout waters will generally be
prohibited from October 15 to April 15, of any year, to avoid impacts on trout spawning.
1. Before discharging dredged or fill material into waters of the United States, including
wetlands, in the twenty-five (25) mountain counties of North Carolina that contain trout waters,
the applicant will obtain and provide a letter of comments and recommendations from the North
NCWRC on the proposed activities. A discussion of alternatives to working in the mountain
trout waters and why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to the mountain trout waters shall also be
submitted with the letter from NCWRC. To facilitate coordination with the NCWRC, the
proponent may provide a copy of the notification to the NCWRC concurrent with the notification
to the District Engineer. The NCWRC will respond both to the proponent and directly to the
Corps of Engineers.
The applicant should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
1721 Mail Service Center
Raleigh, North Carolina 27699-1721
Telephone [phone]
The counties in which this condition applies are:
Alleghany Ashe Avery Buncombe Burke
Caldwell Cherokee Clay Graham Haywood
Henderson Jackson Macon Madison McDowell
Mitchell Polk Rutherford Stokes Surry Swain
Transylvania Watauga Wilkes Yancey
m. This permit does not authorize the use of culverts in areas designated as anadromous fish
spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North
Carolina Wildlife Resources Commission (NCWRC).
n. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the NCWRC as anadromous fish spawning area are
prohibited during the period between February 15 and June 30, without prior written approval
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from NCDMF or NCWRC and the Corps. Discharges into waters of the United States
designated by NCDMF as primary nursery areas and discharges into waters of the United States
designated by NCWRC as inland nursery areas shall be coordinated with NCDMF and NCWRC
prior to being authorized by this RGP. Coordination with NCDMF and NCWRC may result in a
required construction moratorium during periods of significant biological productivity or critical
life stages.
The Applicant should contact:
NC Division of Marine Fisheries North Carolina Wildlife Resources Commission
3441 Arendell Street Habitat Conservation Program Manager
Morehead City, NC 28557 1721 Mail Service Center
Telephone [phone] Raleigh, NC 27699-1721
or 800-682-2632 Telephone [phone]
o. No activity may result in substantial permanent disruption of the movement of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area.
p. This permit generally allows the permanent installation of culverts to 100 feet in length.
For culverts longer than 100 feet, the proposed application will be closely evaluated to determine
if unacceptable impacts on movement of aquatic organisms would result. In such cases, approval
may not be provided.
q. If the project is located within the twenty (20) counties of North Carolina designated as
coastal counties by the Coastal Area Management Act (CAMA), then all pipe and culvert inverts
will be buried at least one foot below normal bed elevation when they are placed within the
Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) quad sheets. If the project is not located within the twenty (20) counties of North
Carolina designated as coastal counties by CAMA, then culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48
inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this condition maybe requested
in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying
with this condition would result in more adverse impacts to the aquatic environment.
r. All activities authorized by this RGP shall, to the extent practicable, be conducted "in the
dry", with barriers installed between work areas and aquatic habitat to protect that habitat from
cement or other pollutants. Where concrete is utilized, measures will be taken to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with waters of the
state until the concrete has hardened. Water in the work area will be pumped to holding and
settling ponds as practicable, and water will not be allowed to re-enter the water column until
decanted.
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s. If the project authorized by this RGP is proposed by a Federal or State agency, and is
located within the twenty (20) counties of North Carolina designated as coastal counties by the
LAMA, then prior to project initiation the proponent must obtain a determination of consistency
with the state's coastal management program from the N.C. Division of Coastal Management
(DCM). A copy of the state's consistency determination must be provided to the appropriate
Wilmington District Regulatory Office at the following address:
Wilmington Regulatory Field Office Washington Regulatory Field Office
P.O. Box 1890' P.O. Box 1000
Wilmington, NC 28402 Washington, NC 27889
The state's consistency determination will be conveyed in the form of a CAMA permit if the
project is located within a designated CAMA Area of Environmental Concern (AEC), and will
be conveyed in the form of a Consistency Determination letter from DCM if the project is not
located within a designated LAMA AEC.
t. No work shall be authorized by the RGP within the twenty coastal counties, as defined by
the North Carolina Division of Coastal Management, without-prior consultation with NOAA
Fisheries. For each activity reviewed by the Corps of Engineers where it is determined that the
activity may affect Essential Fish Habitat (EFH) for Federally managed species, an EFH
Assessment shall be prepared by the applicant and forwarded to the Corps of Engineers and
NOAA Fisheries for review and comment prior to authorization of work.
u. All work will comply with Water Quality Certification No. 3404, issued by the NCDWQ
on 28 March 2003.
v. The activity must be designed to maintain preconstruction downstream flow conditions
(e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict
or impede the passage of normal or expected high flows and the structure or discharge of dredged
or fill material must withstand expected high flows
2. General Conditions.
a. All activities authorized by this RGP that involve the discharge of dredged or fill material
in waters of the United States will be consistent with applicable water quality standards, effluent
limitations and standards of performance, prohibitions, pre-treatment standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and
local law. If the proposed activity involves the discharge of dredged or fill material in waters of
the United States, prior to the commencement of any work, the applicant will satisfy the
NCDWQ regarding the need for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.

b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this RGP.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this RGP, will, within 60 days, without expense
to the U.S. Government, and in such manner as the Wilmington District Engineer may direct,
affect compliance with the terms and conditions or return the worksite to a pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein in
a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The permittee must perform the work authorized herein in a manner so as to minimize any
degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to make
periodic inspections at any time deemed necessary in order to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
g. This RGP does not convey any rights, either in real estate or material, or any exclusive
privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
CAMA Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
h. Authorization provided by this RGP may be modified, suspended or revoked in whole or
in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army,
determines that such action would be in the best public interest. Unless subject to modification,
suspension or revocation, the term of this RGP shall be five years. Any modification, suspension
or revocation of this authorization will not be the basis for any claim for damages against the
U.S. Government.
i. This RGP does not authorize the interference with any existing or proposed Federal
project and the permittee will not be entitled to compensation for damages or injury to the
structures or work authorized herein which may be caused by or results from existing or future
operations undertaken by the United States in the public interest.
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j. This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and determines that an Environmental Impact Statement (EIS) must be
prepared.
k. This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines, after any necessary investigations, that the proposed activity would
adversely affect areas that possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those
proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and
recreational rivers established by State and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
as amended, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of Natural
Landmarks.
(4) Endangered or threatened species or critical habitat of such species as determined by
the Secretaries of Interior or Commerce and concerned in accordance with the Endangered
Species Act (16 U.S.C. 1531).
(5) NOAH designated marine sanctuaries, National Estuarine Research Reserves, and
coral reefs.
1. Permittees are advised that activities in or near a floodway maybe subject to the National
Flood Insurance Program, which prohibits any activities, including fill within a floodway that
results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this RGP will not
be applicable to a specific construction proposal. In such case, the procedure for processing an
individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the RGP.

o. The discharge of dredged or fill material shall consist of suitable material free from toxic
pollutants in toxic amounts.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
harles le ander, Jr
Colonel, U. S. Army
District Engineer
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