20220008 Ver 2_ePCN Application_20230127

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
1/27/2023
BIMS # Assigned* Version#"
20220008 2
Is a payment required for this project?*
No payment required Reviewing Office*
Fee received Winston-Salem Regional Office - (336) 776-
Fee needed - send electronic notification 9800
Select Project Reviewer*
Sue Homewood:eads\slhomewood:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Georgetown Senior Apartments
la. Who is the Primary Contact?*
Steve Boone
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/27/2023
Nearest Body of Water
Smith Creek
Basin
Yadkin-PeeDee
Water Classification
WS-III
Site Coordinates
Latitude: Longitude:
36.108290 -80.078587
A. Processing Information
County (or Counties) where the project is located:
Forsyth
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
12/22/2022
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Georgetown Senior Apartments Limited Partnership
2b. Deed book and page no.:
5015/2169
2c. Contact Person:
Steve Boone
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
3021 E. Dublin Granville Rd
Address Line 2
City
Columbus
Postal / Zip Code
43231
2e. Telephone Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Steve Boone
3b. Business Name:
Georgetown Senior Apartments Limited Partnership
3c. Address
Street Address
3021 E. Dublin Granville Road
Address Line 2
City
Columbus
Postal / Zip Code
43231
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Michelle Measday
4b. Business Name:
ECS Southeast LLP
4c. Address
Street Address
5260 Greens Dairy Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
OH
Country
USA
2f. Fax Number:
[phone]
State / Province / Region
OH
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Kemersville
2. Project Identification

2a. Property Identification Number:
6885-19-3936.000
2b. Property size:
3.19
2c. Project Address
Street Address
904 Salisbury Street
Address Line 2
City
Kemersville
Postal / Zip Code
27285
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Smith Creek
3b. Water Resources Classification of nearest receiving water: *
WS-III
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401011304 and 030401030202
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site currently consists of undeveloped grass land and wooded areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2021-02177
4f. List the total estimated acreage of all existing wetlands on the property:
0.018
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The main purpose of this project is to construct senior apartments. The construction also includes driveway access from Salisbury Street, parking areas, landscaping, utility infrastructure
improvements, stormwater management measures, and lighting. The wetland that will be impacted is the direct result of the building placement.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project involves the construction of senior apartment housing. The project impacts an isolated wetland that is a natural depression in the landscape receiving and retaining
runoff from adjacent areas.
The construction of the project will not necessitate the use of any specialized construction techniques. Standard construction equipment such as cranes, excavators, dump trucks, and
similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used
on -site during the construction process.
Project related impacts include 0.018-acre of permanent impacts to wetlands for the construction of a proposed senior apartments.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02177
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Michelle Measday
ECS Southeast LLP
Unknown

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
12/2/2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Grading
P
Small -Basin Wetland
WA
No
Corps
0.018
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.018
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.018
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to the isolated wetland depression is unavoidable due to its location at the center of the site.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be
maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and control erosion during
sanitary sewer line installation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the
entire construction duration and until final stabilization is established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts to jurisdictional features do not exceed thresholds requiring mitigation. Less than 0.10 acre wetland impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not located in a watershed requiring riparian buffer along streams.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No

2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Kernersville/Forsyth County
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is a stand alone project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Provided by Forsyth County.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC and NC NHP
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCHPO GIS imagery.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM Map Service Center GIS viewer and attached figures.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
49-13700-E - Georgetown Senior Housing - 404-401 Wetland Permitting.pdf 17.52MB
File must be PDF or KMZ
Comments
Signature u
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Michelle Measday
Signature
44ICi,ELL:4/(0, sPo4y
Date
1/27/2023

GEORGETOWN SENIOR HOUSING PROJECT
904 SALISBURY STREET
KERNERSVILLE, NORTH CAROLINA 27284
ECS PROJECT NO.49:13700-E
SAW-2021-02177
JAN UARY 26, 2023
C

C
ECS Southeast, LLP
Geotechnical • Construction Materials • Environmental • Facilities
U.S. Army Corps of Engineers
Wilmington District
Raleigh Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
"One Firm. One Mission."
January 26, 2023
ECS Project No. 49:13700-E
Reference: Pre -Construction Notification Application (NWP #18), Georgetown Senior Housing
Project, 904 Salisbury Street, Kernersville, Forsyth County North Carolina
To Whom It May Concern:
Please find a copy of the Pre -Construction Notification Application for a Nationwide Permit
(NWP)18 for Minor Discharges for Georgetown Senior Housing Project (SAW-2021-02177) located
at 904 Salisbury Street in Kernersville, Forsyth County, North Carolina. An NWP 18 was previously
issued for this project on December 28, 2021. The NWP 18 is expiring and the applicant is unable to
act on the permit prior to the grandfathering period ending in March 2023.
If you have any questions, please contact Michelle Measday, CFM, PWS at 919-861-9910
or [e-mail].
Sincerely,
ECS Southeast, LLP
H "Ji, K, I t
Michelle Measday, CFM, PWS
Environmental Senior Project Manager
[e-mail]
919-861-9910
Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[e-mail]
704-525-5152
5260 Greens Dairy Road, Raleigh, North Carolina 27616 • T: 919-861-9910 • ecslimited.com
NC Engineering No. F-1078 • NC Geology No. C-553 • SC Engineering No. 3239

ECS Southeast, LLP
1.0INTRODUCTION
The site consists of an approximate 3.19 acre tract located at 904 Salisbury Street, Kernersville,
Forsyth County, North Carolina (36.108206,-80.078789). According to the Forsyth County Geographic
Information System (GIS) website, the Parcel Identification Numbers (PINs) are: 6885-19-3936.000
3.19. The site currently consists of mowed turf, cleared area and wooded land.
ECS Project # 49:13700-E
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ECS Southeast, LLP
2.0 PROJECT PURPOSE & NEED
The main purpose of this project is to construct senior apartments. The construction also includes
driveway access from Salisbury Street parking areas, landscaping, utility infrastructure
improvements, stormwater management measures, and lighting. The wetland that will be impacted
exists as the direct result of the building placement.
ECS Project # 49:13700-E
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ECS Southeast, LLP
3.0 BACKGROUND
Georgetown Senior Housing Project (SAW-2021-02177) is located at 904 Salisbury Street
in Kernersville, Forsyth County, North Carolina (Figure 1). The site consists of approximately3.19
acres and is further identified on the Forsyth County GIS Website as Parcel Identification Number
(PIN) 6885-19-3936.000. The site currently consists of cleared area, mowed turf and wooded land.
Surrounding properties consist of commercial uses, single-family and multi family residential uses.
Based on the United States Geological Survey (USGS) Topographic Map, no streams or low-lying areas
are depicted within site boundaries (Figure 2).
A Nationwide Permit 18 was previously issued for the project on December 28, 2021. The Nationwide
Permit expired on March 18, 2022. With grandfathering, the final expiration date for the permit is
set for March 18, 2023. The applicant recently received approvals from Kernersville to start project
construction, however is unable to mobilize contractors to begin site work prior to the deadline. This
application serves to request a Nationwide Permit 18 to proceed with the work previously authorized
under the approved NWP 18.
ECS Project # 49:13700-E
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ECS Southeast, LLP
4.0 AGENCY FIELD VERIFICATION &JURISDICTIONAL DETERMINATION OD)
ECS submitted the delineation findings for verification under an Preliminary Jurisdictional
Determination (PJD) on October 6, 2021. The project was assigned a USACE project manager under
SAW-2021-02177 on October 31, 2021. A field visit was performed on November 30, 2021. A formal
determination letter was issued with the NWP 18 on December 28, 2021.
ECS Project # 49:13700-E
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ECS Southeast, LLP
5.0 PROPOSED IMPACTS & MITIGATION
Proposed impacts for the development include 0.021-acre of permanent fill to jurisdictional wetlands
using native materials from the site. Due to the project proposing less than 0.1-acre of permanent
wetland impacts, mitigation for wetland impacts is not included as a part of this permit submittal.
ECS Project # 49:13700-E
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ECS Southeast, LLP
6.0 AGENCY CORRESPONDENCE
6.1 Threatened & Endangered Species
On January 12, 2023, ECS submitted a request for information pertaining to threatened and
endangered species through the North Carolina Natural Heritage Program (NC NHP). According to
the Request for Threatened and Endangered Species Consultation received from the NC NHP on
January 12, 2023, there are no tracked species of concern found within the project footprint or within
a one -mile radius of the project footprint. NC NHP notes to keep in mind that although there may
be no documentation of natural heritage elements within the project boundary, it does not imply or
confirm their absence; the area may not have been surveyed. The results of this query should not be
substituted for field surveys where suitable habitat exists. In the event that rare species are found
within the project area, please contact the NCNHP so that we may update our records.
On January 12, 2022, ECS utilized the USFWS Information for Planning and Consultation (IPaC) website
to submit a request for information on threatened and endangered species within the project area.
Based on the generated list, the following threatened, endangered, proposed, and candidate species
are listed with the potential to occur within the boundary of the proposed project and/or may be
affected by the proposed project:
Tricolored Bat (Perimyotis subflavus), Proposed Endangered, survey window: year round
Description: tircolored bat (Perimyotis subflavus) is small -sized bat. The body length is 2.8 inches to
3.7 inches long. The wingspan is 8 inches to 10 inches. The coloration of the fur is blond that is
distinctly tricolored on its back.
Habitat: Tricolored bats primarily roost among live and dead leaf clusters of live or recently dead
deciduous hardwood trees. They will also roost in artificial roosts like barns, beneath porch roofs,
bridges, but rarely within caves. They come out from dusk till dawn to feed.
Conclusion: The site consists predominantly mowed turf with moderately dense forest with an
open understory along the PSA boundary. The surrounding area contains commercial properties,
multi -family and private single-family homes. ECS concluded that the PSA does not contain suitable
habitat for tricolored bat based upon the lack of appropriate roosting in the vicinity of the PSA.
No documented hibernacula exist in the vicinity of the PSA. The NHP database search also did not
identify known occurrences of the bat within the project study boundaries or within a one -mile search
radius.
Bog turtle (Glyptemys muhlenbergii), Threatened, survey window: year round
Description: The bog turtle (Glyptemys muhlenbergh) is the smallest north American turtle. The
average size of the turtle is 3 to 3.5 inches, and in some case can reach.5 inches in size. The bog turtle
is orange/yellow patches on the side of his neck region. The carapace is brown/black and sculptured
with obvious growth rings on each side. The plastron is a cream colored or black patches and lacks
hinges. Males have longer tailed than females and slightly concave plastron.
ECS Project # 49:13700-E
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ECS Southeast, LLP
Habitat: Bog turtle habitat is cool, calm, slow -moving, shallow, and muddy bottomed streams that
run through meadows and swamps.
Conclusion: The site consists of cleared, mowed turf with forested area along the property
boundary. A small, isolated pocket of wetlands exists within the mowed turf area. The surrounding
area contains commercial properties and private single-family homes. ECS concluded that the PSA
does not contain suitable habitat for the bog turtle. The NHP database search also did not identify
bog turtle within the project study area boundaries or within the one -mile search radius.
Schweinitz's Sunflower (Helianthus schweinitzii), Endangered, Survey Window: late August to
October
Description: Schweinitz's sunflower (Helianthus schweinitzii) is a perennial herb that produces solitary
stems, up to 6.5 feet tall and bears yellow flower heads in late summer and early autumn.
Habitat: Schweinitz's sunflower occurs in clearings, and edges of, upland oak -pine -hickory woods
and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to
partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and
grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline
rights -of -way.
Conclusions: The site consists of cleared areas and upland forest along the property boundaries. The
surrounding land use comprises private single-family residences and commercial uses.
The cleared areas are mowed and actively maintained to the forest edge. Field edges were examined
for sunflower species, and none were identified during the September 13, 2021, targeted survey.
ECS concluded that the PSA does not contain Schweinitz's sunflower based upon the targeted survey
performed within the flowering window on September 13, 2021. In addition, the NHP database search
also did not identify Schweinitz's sunflower within the PSA or within a one -mile radius of the site.
Therefore, ECS concluded that a project proposed on the site will not result in adverse effects to the
Schweinitz's sunflower.
A copy of the USFWS IPaC letter is attached in the appendix.
6.2 Cultural Resources
On January 12, 2023, ECS reviewed the North Carolina Historic Preservation Office (NC HPO)
website to evaluate the site and surrounding area for potential cultural resources, archaeological
sites, and historic structures. No historic structures were identified within 1,500 feet of the PSA.
A copy of the NC HPO web map is attached in the appendix
ECS Project # 49:13700-E
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ECS Southeast, LLP
7.0 CLOSING
ECS looks forward to your attention to this request. Please contact Michelle Measday, CFM, PWS
at 919-861-9910 [e-mail] with questions or if additional information is
required.
ECS Project # 49:13700-E
Page 8

Appendix I: PCN Application
(Submitted electronically) &
Appendices

F&7ECS SOUTHEAST, LLP "Setting the Standard for Service"
v, Geotechnicai • Construction Materials • Environmental • Facilities N=Reoste,cdEnginez,ing-an F-1°73
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Agent Authorization
Property/Site:
Georgetown Senior Apartments
Address of Site: 904 Salisbury Street
Kernersville, NC 27284
6885-19-3936.000
Parcel Identification Number (PIN): t
Owner Information:
Buckeye Community Hope Foundation
Name: 1
3021 E. Dublin -Granville Road
Address:
Columbus, OH 43231
614-942-2001...
Telephone Number:
Fax Number:
[e-mail]
E-mail Address: ,_„
Property Owner Certification:
1, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. l also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE and the NCDWR field verification and permit application:
Property Owner Signature: I , i
Date:
J,+I7:-:Z,�,
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimiteci.com

Appendix II: ECS Delineation
Maps

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KERNERSVILLE
FORSYTH COUNTY
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Appendix III: Impact Exhibits

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Appendix IV: T&E Species
Letters

FI.'H aR'II�IJPE
i47R'M6
United States Department of the Interior -,
. ivFISH AND WILDLIFE SERVICE
NRZCH 3 -'Y' Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: January 12, 2023
Project Code: 2023-0033657
Project Name: Georgetown Senior Housing Project
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

01/12/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.goy/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
■ Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
■ Wetlands

01/12/2023
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

01/12/2023
Project Summary
Project Code: 2023-0033657
Project Name: Georgetown Senior Housing Project
Project Type: Commercial Development
Project Description: Proposed development
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)36.10825495.-80.07872025389968.14z
ElDtlwey -'1
Counties: Forsyth County, North Carolina

01/12/2023
Endangered Species Act Species
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: htips://ecos.fws.gov/ecp/species/10515
Reptiles
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962
Insects
NAME
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743

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Flowering Plants
NAME
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws.gov/ecp/species/3849
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/12/2023
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

01/12/2023
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.

01/12/2023
BREEDING
NAME SEASON
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

01/12/2023
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle 1
Non -BCC ++�+ + �� ��++��+ +��++ ++ — — — —Jill1—++ ++++ ++++
Vulnerable ���� ii� ���
Chimney Swift '� �111
BCC Rangewide ++++ ++++ +++*' + loll ''"'—++ ++++ ++++
(CON)
Prairie Warbler
BCC Rangewide ++++ ++++ ++++ +++, Jill Jill 111i
— — — — —++— +—++ ++++ ++++
(CON)
Prothonotary Warbler ++++ ++++ ++++ lill
F" WTI lill
— — — -
-++— +—++ ++++ ++++
BCC Rangewide
(CON)
Red-headed Woodpecker ++++ ++++ ++++ ++++ +ME
++� Jill Jillr,-4-
+— +—+„+++ ++++
BCC Rangewide mom '
(CON)
Rusty Blackbird I III +++ ++++ ++++ ++++ +++— ++++ — — — — —++— +—++ ++++ ++++
BCC-BCR

01/12/2023
4
Wood Thrush I ++ ++++ ++++ ++J+ 111+ +'+' ++++ --++- +-++ ++++ ++++
BCC Rangewide
(CON)
Additional information can be found using the following links:
■ Birds of Conservation Concern https://www.fws.goy/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.odf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
BCC and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL)Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?

01/12/2023
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

01/12/2023
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study_
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

01/12/2023
1
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

01/12/2023
IPaC User Contact Information
Agency: ECS Southeast LLP
Name: Kara Cometti
Address: 1812 Center Park Drive
City:
Charlotte
State:
NC
Zip:
28217
Email
[e-mail]
Phone:
7046156703

Roy Cooper, Governor
MEN
000 NC DEPARTMENT OF
■■■m NATURAL AND CULTURAL RESOURCES
■ MEN
January 12, 2023
Kara Webb
ECS Southeast LLP
1812 Center Park Drive
Charlotte, NC 28217
RE: Georgetown Senior Living Site; 49-13700
Dear Kara Webb:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-20504
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory_/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

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Appendix VI: Parcel
Information

1/25/23, 1:21 PM Print Property Info
Forsyth County Property Record Card
Property Summary
Tax Year: 2023
REID 6885193936000 PIN
Location 904 Salisbury Property
Address ST Description
Administrative Data
Plat Book & Page
Old Map #
678858
Market Area
201
Township
KERNERSVILLE
Planning Jurisdiction
COUNTY WIDE
City
KERNERSVILLE
Fire District
Spec District
Land Class
93.00-Vacant Corn
History REID 1
History REID 2
Acreage
3.19
Permit Date
Permit #
Building Summary
6885-19- GEORGETOWN SENIOR APARTMENTS
3936 Property Owner LIMITED PARTNERSHIP
LO001A Owner's Mailing 3021 E DUBLIN GRANVILLE RD
BL5404 Address COLUMBUS OH 43231
Transfer Information
Deed Date
Deed Book
Deed Page
Revenue Stamps
Package Sale Date
Package Sale Price
Land Sale Date
Land Sale Price
Improvement Summary
Total Buildings
Total Units
Total Living Area
Total Gross Leasable Area
Photograph
9/22/2021
003642
02257
9/22/2021
No Photo Found
Property Value
Total Appraised Land Value
$323,600
Total Appraised Building Value
Total Appraised Misc
Improvements Value
Total Cost Value
$323,600
Total Appraised Value -valued By
$323,600
Cost
Other Exemptions
$323,600
Exemption Desc
Use Value Deferred
Historic Value Deferred
Total Deferred Value
Total Taxable Value
https://Ircpwa.ncptscioud.com/forsyth/PrintPRC.aspx?PARCELPK=120179 1 /2

1/25/23, 1:21 PM
Misc Improvements Summary
Card Unit Base
Measure Type
# Quantity Price
No Data
Total Misc Improvements Value Assessed:
Land Summary
Land Class: 93.00-Vacant Com
Soil
Zoning Class Description
PB-S COMM/INDUS-
SQFT06
Total Land Value Assessed: $323,600
Print Property Info
Eff Phys Depr (% Econ Depr (% Funct Depr (% Common Interest (% Value
Year Bad) Bad) Bad) Good)
Deeded Acres: 3.19
Size
138956.00 SQUARE FOOT
PRICED
Ownership History
Deed
Owner Name
Type
Current GEORGETOWN SENIOR APARTMENTS LIMITED
DEED
PARTNERSHIP
1 Back GEORGETOWN SENIOR APARTMENTS LIMITED
DEED
PARTNERSHIP
2 Back J &amp; R Ventures Inc
DEED
Notes Summary
Building Card
No Data
Date
Calculated Acres: 3.16
Size Adj. Land
Rate Land Adjustment
Factor Value
$5.5 UTILITY-90.00 $323,600
LOCATION-70.00
TOPOGRAPHY-80.00
SIZE ADJUSTMENT-
84.00
Stamps Sale
Ownership Price
100 0
Deed
Book Page
Date
003642 02257 9/22/2021
100 850 $425,000 003642 02254 9/22/2021
100 450 $225,000 002015 02169 7/23/1998
Line
Notes
https://Ircpwa.ncptscioud.com/forsyth/PrintPRC.aspx?PARCELPK=120179 2/2

Appendix VI 1: Previously
Approved J D and NWP 18

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02177 County: Forsyth U.S.G.S. Quad: NC-Kernersville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Buckeye Community Hope Foundation
Steve Sceranka
Address: 3021 E. Dublin -Granville Road
Columbus, OH 43231
Telephone Number: 440-567-6069
E-mail: ssceranka(a.,buckeyehope.org
Size (acres) 3.19 Nearest Town Kernersville
Nearest Waterway Smith Creek River Basin Upper Pee Dee
USGS HUC 03040101 Coordinates Latitude: 36.1082
Longitude:-80.7857
Location description: The project site is approximately 3 acres located adjacent to Salisbury Street, near the town of
Kernersville, Forsyth County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.018 acre of
wetlands for the construction of senior apartment housing. No mitigation is required for this proposal.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 18, Minor Discharges
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 12/22/2021, and the enclosed plans entitled "Georgetown Senior Apartments"
dated 12/21/2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact James Lastinger at 9192554-4884 ext 32or James.C.Lastinger(a�usace.army.mil.
Corps Regulatory Official: �" "` ��a'r'�� Date: 12/28/2021
Expiration Date of Verification: 3/18/2022

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 Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/:f?p-136:4:0
Copy furnished:
Agent: ECS Southeast LLP
Michelle Measday
Address: 5260 Greens Dairy Road
Raleigh, NC 27616
Telephone Number: 919-861-9910
E-mail: mmeasday(d),ecslimited.com

Action ID Number: SAW-2021-02177 County: Forsyth
Permittee: Buckeye Community Hope Foundation, Steve Sceranka
Project Name: Buckeye Community Hope Foundation / 904 Salisbury Road / Kernersville NC / Forsyth
County
Date Verification Issued: 12/28/2021
Project Manager: James Lastinger
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
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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

SAW-2021-02177
A. Determination of Jurisdiction:
® There are wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if
work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must
be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States
and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the
Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the
date of this notification, provided there is no change in law or our published regulations or new information that warrants revision
of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
B. Basis For Determination: See the preliminary jurisdictional determination form dated 12/28/2021.
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
AND
PHILIP.A. SHANNIN(a_USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.

SAW-2021-02177
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
I
rn.co
Corps Regulatory Official:
James La 'npzer
Date of JD: 12/28/2021
Expiration Date of JD: Not applicable
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 our Customer Satisfaction Survey, located online at hops://rel4ulatory.ops.usacc.army.mil/customer-service-survey.
Copy furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
FApplicant:
Buckeye Community Hope Foundation, Steve
File Number: SAW-2021-02177
Date: 12/28/2021
nka
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of pennission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoiyProgramandPennits.asox
or the Corps regulations at 33 CFR Part 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 final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
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 date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PER U I
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or -
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: James Lastinger
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
3331 Heritage Trade Drive, Suite 105
ATLANTA, GEORGIA 30303-8803
Wake Forest, North Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNINkUSACE.ARMY.MIL
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 opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/28/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Buckeye Community Hope Foundation,
Steve Sceranka, 3021 E. Dublin -Granville Road, Columbus, OH 43231
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Buckeye Community Hope
Foundation / 904 Salisbury Road / Kernersville NC / Forsyth County, SAW-2021-02177
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 3
acres located adjacent to Salisbury Street, near the town of Kernersville, Forsyth County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Forsyth City: Kernersville
Center coordinates of site (lat/long in degree decimal format): Latitude: 36.1082 Longitude:-80.7857
Universal Transverse Mercator:
Name of nearest waterbody: Smith Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
©Field Determination. Date(s): November 30. 2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
WA
36.1082
-80.0787
0.018
Wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "inay he" waters of the U.S. and/or that there "inay be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: attached
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
©Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the
❑Corps navigable waters' study:
❑X U.S. Geological Survey Hydrologic Atlas:
❑X USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Kernersville Quad
❑XNatural Resources Conservation Service Soil Survey. Citation: NRCS Websoil Survey
© National wetlands inventory map(s). Cite name: USFWS NWI
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: NC FIRM
❑ I00-year Floodplain Elevation is:
❑X Photographs: ❑X Aerial (Name & Date):
(National Geodetic Vertical Datum of 1929)
or ❑X Other (Name & Date): site photos dated Avril 23, 2021
❑Previous determination (s). File no. and date of response letter:
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
12/28/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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NATIONWIDE PERMIT 18
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Minor Discharges. Minor discharges of dredged or fill material into all waters of the United
States, provided the activity meets all of the following criteria:
(a) The quantity of discharged material and the volume of area excavated do not
exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line;
(b) The discharge will not cause the loss of more than 1/10-acre of waters of the
United States; and
(c) The discharge is not placed for the purpose of a stream diversion.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if: (1) the discharge or the volume of area
excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the
high tide line, or (2) the discharge is in a special aquatic site, including wetlands. (See
general condition 32.) (Authorities: Sections 10 and 404)

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navi ag tion. (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. SpawningAeas. 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. 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).
2

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,

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. Endangeredpecies. (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
4

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 I0(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
I0(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 h _p://www.fws.gov/ipac and
http://www.nmfs.noaa.goy/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

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.
31

(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.
7

23. Miti ag tion. 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-

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

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 Mana ems. 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
10

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(1)(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
11

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.
12

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
13

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
14

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
15

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).
16

DEFINITIONS
Best managementpractices (L3MPs): 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 PropertX: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
17

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
18

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.)
19

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
20

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.
21

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 ofpublication. 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.
22

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:
hqp://www.saw.usace.gM.mil/Missions/Re u�ryPermitProgram/AgencyCoordination/ESA.a
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
23

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
IOC (15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page:
hqp: //reports. oah. state.nc.us/ncac. asp?folderName=\Title°/a2015A°/a20-
%20Environmental%20Quality&lookUpError=l5A%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
24

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:O::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
Alleghany Jackson
Burke McDowell
Balsam Depot
Ashe Macon
Buncombe Mitchell
20830 Great Smoky
Avery Swain
Caldwell Polk
Mountain Expressway
Graham Transylvania
Cherokee Rutherford
Waynesville, NC 28786
Haywood Watauga
Clay Surry
Telephone: [phone]
Henderson Wilkes
Madison Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
Telephone: [phone]
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*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.gM.mil/Missions/Re u ry-Permit-Progr�gency-
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
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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.gM.mil/Missions/Re u�ry-Permit-Progr�gency-
Coordination/Desi an�pecial-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:O::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
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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
28

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.
Circular
Culvert
12 Inches
V
Invert
Rise
(Dfame#r)
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.
29

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.
Approach HL
Roadway
Baf&f Strum
Blockage Bottom
Culvert buried
below streambed
to appropriate
depth (if required).
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
M

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
31

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.
32

(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/htmis/projectW review/NLEB in NC.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 M 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;
33

. 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; M
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/Re ury-Permit-Progency-
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 #18 — Minor Discharges
4.1.1 This NWP may not be used in conjunction with NWP #14 to create upland.
4.1.2 In designated trout waters (see Regional Condition 2.7), a PCN is not required if 1) the
quantity of discharged material is less than or equal to 10 cubic yards below the plane of the
ordinary high water mark; 2) temporary impacts to streams or waterbodies associated with
dewatering to work in dry conditions are 150 linear feet or less; and 3) the activity will be
constructed outside of the trout waters moratorium (October 15 through April 15).
34