20150264 Ver 1_USACE Permit_20150623

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www. saw.usace.army.mil/WETLANDS/index.html
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198000291
General Public
Januarv 1, 2011
December 31, 2016
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH
CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA)
PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A
WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE
FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR
ANOTHER REGIONAL GENERAL PERMIT.
Oqerating Procedures
a. Applications for joint state and federal authorization under this programmatic
general permit will be accepted through the North Carolina Division of Coastal Management
(NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field
review that will include a site visit and preparation of a Field Investigation Report and a state
Bio-Report. The NCDCM will forward a copy of the complete application, its Field
Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field ofiice,
thereby initiating federal review of the project. The Corps, upon receipt of an application, will
immediately assign an action identification number, acknowledge receipt thereof, and examine
the application to assure that it can be processed pursuant to this programmatic general permit.

The applicant and the NCDCM will be furnished written notification of the Corps'
determination. Notification to the applicant will include a brief description of the administrative
process.
b. For those proposals that may result in a discharge into waters of the United
States, including wetlands, the North Carolina Division of Water Quality (NCDWQ) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process
involving publication of public notices in local newspapers, public hearings, and various public
appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is
deemed necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for deniaL The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or
recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position.
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Attempts to resolve the issue may include initiating the referral procedures outlined by current
memoranda of agreement (MOA's) between the Department of the Army and the agency. No
coordinated federal position will be furnished to the NCDCM until and unless the Corps receives
written agreement from the Federal Agency that all issues have been resolved to the satisfaction
of that agency.
i. If any of the recommendations and/or conditions included in the coordinated
federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten
(10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a
decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action
without inclusion of the federal position. In such case, the applicant and the NCDCM will be
notified immediately, in writing, that the state permit does not satisfy the federal permit
requirements and that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies'
positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be
developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will
furnish copies of the final permit to the applicant and the Corps. The NCDWQ will furnish a
copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps.
The Corps will not confirm the authorization of a proposed project under this General Permit
until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality
Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this general permit until the District Engineer or
his representative provides written verification that the procedures and conditions of the general
permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically
inspect projects for compliance with permit conditions and applicable state and federal
regulations. If any violation of the NCDCM permit is discovered which would also constitute a
violation of the federal position, both the NCDCM and the Corps, in accordance with their
respective regulations and policies, may take enforcement action.

o. This general permit will not be used to authorize an activity when the District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Except as authorized by this general permit or any USACE approved
modification to this general permit, no excavation, fill or mechanized land-clearing activities
shall take place, at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain
other federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this
general permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. No attempt will be
made by the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
£ 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
wark 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.
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g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his
representative to inspect the authorized activity at any time deemed necessary to assure that the
activity is being performed or maintained in strict accardance with the Special and General
Conditions of this permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or
proposed federal project.
1. In issuing this permit, the Federal Government does not assume any liability for
the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current
or future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n. This general permit does not authorize any activity which the District Engineer
determines, after any necessary investigations, would adversely affect:

(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild,
scenic and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for
inclusion in the National Register of Historic Places as defined in the National Historic
Preservation Act of 1966 and its codified regulations, the National Historic Preservation
Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native
American Graves Protection and Repatriation Act.
(3) Sites included in or determined eligible for listing in the National
Registry of Natural Landmarks.
o. This general permit does not authorize any activity which will adversely affect
any threatened or endangered species or a species proposed for such designation, or their
designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C.
1531). Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the Corps field offices or at the following internet address:
htt�//www,ncnh,�.or�/Pa�es/herita�edata.html. or http://nc-es.fws.�ov/es/es.html. Permittees
should notify the Corps if any listed species or designated critical habitat might be affected by the
proposed project and may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may
be subject to the National Flood Insurance Program that prohibits any development, including
iill, within a floodway that results in any increase in base flood elevations. This general permit
does not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at [phone].
r. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
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s. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized provided the
activity is completed within twelve months of the date of the general permit's expiration,
modification, or revocation. Activities completed under the authorization of this general permit
which were in effect at the time the activity was completed continue to be authorized by the
general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
��
erson M. s ge
olonel, U.S. Army
District Engineer
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