20200694 Ver 2_A. 0 Combined Attachments_20231103

FROEHLING & ROBERTSON, INC.
Engineering Stobility Since 1881
310 Hubert Street
Raleigh, North Carolina 27603-2302
T 919.828.34411 F 919.582-0304
November 3, 2023
Ms. Emily Greer
United States Army Corps of Engineers
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
Re: Pre -Construction Notification for Authorization of NWP 58 and NC WQC 4276
Big Rockfish Creek Outfall- Contract 2
Fayetteville, Cumberland County, North Carolina
F&R Project No. 59Y-0128-0001
Dear Ms. Greer:
Froehling & Robertson, Inc. (F&R) is submitting this Pre -Construction Notification (PCN) to the US
Army Corps of Engineers (USACE) for written concurrence for allowable impacts to "Waters of the
United States." F&R is also sending a copy to the North Carolina Division of Water Resources
(NCDWR). F&R has been contracted by W.K. Dickson to perform wetland consulting services on
behalf of the Fayetteville Public Works Commission (PWC) for the above -referenced project site,
which is located in Fayetteville, Cumberland County, North Carolina and within the Cape Fear River
Basin.
The proposed project is situated in southwest Cumberland County, in and around the southwest
portion of the City of Fayetteville. The proposed project is Phase 2 (Contract 2) of the installation of a
new gravity outfall consisting of approximately 22,900 linear feet (LF) of 24" sewer pipe and 10,850
LF of 18" sewer pipe to serve areas recently annexed by the City of Fayetteville. The PWC is obligated
to provide sewer service to the annexed communities as part of the annexation agreement. In
addition to the outfall, six existing neighborhood lift stations, serving communities along the route of
the outfall but outside of the annexation areas, will be abandoned and re-routed to the outfall.
Abandoning all six lift stations requires an additional 5,650 LF of 12" gravity sewer and 8,600 LF of 8"
gravity sewer line. The project area begins at an existing pump station along the western side of
Blackbridge Road just south of the intersection with Permastone Lake Road, then proceeds west
along Big Rockfish Creek, then north along Stewarts Creek. The northwestern terminus of the project
site is at King Road, just east of Stewart's Creek.
The impacts to Waters of the United States for this project, as proposed, will be:
• Three (3) separate jurisdictional stream crossings totaling 135 linear feet of impacts (all
temporary; no mitigation required)
• Eleven (11) separate jurisdictional wetland impact areas, including:
o 0.731 acres of permanent wetland impacts (mitigation previously paid)
Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA
A Minority -Owned Business

o 2.931 acres of temporary wetland impacts (does not require mitigation)
Additionally, since this project occurs in the Cape Fear Basin, riparian buffer regulations are not
applicable and stream buffers are not required.
Stream crossings will consist of a "cut and fill" type crossing and will be perpendicular to the surface
water of the stream. Once the GSL is installed, the stream channel and banks shall be returned to the
pre-existing grade. The maintained easement throughout the project area will be 10 feet wide.
Please reference the attached Impact Map plan sheets for specific information related to each of the
proposed impacts.
Each of the proposed permanent jurisdictional wetland impact areas disturb less than 0.5 acres of
Waters of the United States and are allowable IAW USACE Nationwide Permit 58 and North Carolina
General 401 Water Quality Certification 4276.
Please see attached Statement of Availability (SOA) from Wildlands Engineering for reservation of
mitigation credits. A previous PCN was submitted for impacts from all phases of the project (DWR 20-
0694), a portion of which constitutes the current PCN for Contract 2. There is a total of 1.79 acres of
permanent wetland impacts associated with all phases of the overall project. However, as of the date
of the Wildlands SOA, only 1.16 units of credit were available within the specified HUC. Additionally,
other private mitigation credits are not available within the specified HUC. Therefore, at least a
portion of the mitigation credits will need to be purchased through the NC Division of Mitigation
Services (DMS) In -Lieu of Fee program. Please note that while Wildlands Engineering was able to
issue an SOA for 1.16 credits, they may not have those credits available beyond the specified date; as
a result, it is possible that additional mitigation credits may need to be purchased through the DMS
at the time of permit authorization for this project. An In -Lieu of Fee Request Acceptance Letter is
included.
F&R is submitting this PCN for Nationwide 58 with associated USGS Maps, NRCS Soil Maps, project
plan drawings, wetland impact maps, and other pertinent documentation to the USACE and NCDWR
for written concurrence for the identified impacts and authorization of this project under NWP 58
and NC WQC 4276.
Should your office have questions pertaining to the information presented within the following PCN
or its attachments, please contact the undersigned.
Respectfully Submitted,
FROEHLING & ROBERTSON, INC.
Erin Binkley
Environmental Scientist
Elias N. Ruhl
Practice Leader, Natural Resources
Fayetteville PWC
F&R Project Number: 59Y-0128-0001
2 Big Rockfish Creek Outfall
November 2023

Elias Ruhl
From: Elias Ruhl
Sent: Monday, August 21, 2023 10:52 AM
To: '401 [e-mail]'
Subject: 401 Pre -file Notice: BRCO Contract 2 Permit Renewal
Please accept this email as a pre -file notice for the anticipated 401 permitting application for the identified project.
Project Name: Big Rockfish Creek Outfall Contract 2 — Permit Renewal
Existing Project ID #: 20-0694 and SAW-2020-00952
County: Cumberland
Applicant Name: Fayetteville PWC
Applicant Representative: Joe Swaim
Applicant Representative Company: WK Dickson
Applicant Email: [e-mail]
Authorized Agent Name: Elias Ruhl (Froehling & Robertson, Inc.)
Agent Email: [e-mail]
Please let me know if you need any additional information prior to filing.
Eli

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1730 Varsity Drive, Suite 500
Raleigh, NC 27606
Phone: [phone], Fax: [phone]
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www.mckimcreed.com
DATE REVISIONS BY
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20.2019 NOT FOR CONSTRUCTION AWB
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FROEHLING & ROBERTSON, INC.
Engineering Stobility Since 1881
310 Hubert Street
Raleigh, North Carolina 27603-2302
T 919.828.34411 F 919.582-0304
Purpose & Need/Avoidance & Minimization Statement for Proposed Wetland and Stream Impacts
Big Rockfish Creek Outfall Project
Fayetteville, Cumberland County, North Carolina
F&R Project No. 59Y-0128-0001
PURPOSE AND NEED
The proposed project is located in southwest Cumberland County, in and around the southwest
portion of the City of Fayetteville. The proposed project is "Contract 2" (Phase 2) of the installation of
a new gravity outfall consisting of approximately 22,900 linear feet (LF) of 24" sewer pipe and 10,850
LF of 18" sewer pipe to serve areas annexed by the City of Fayetteville. The Fayetteville Public Works
Commission (PWC) is obligated to provide sewer service to the annexed communities as part of the
annexation agreement. In addition to the outfall, six existing neighborhood lift stations, serving
communities along the route of the outfall but outside of the annexation areas, will be abandoned
and re-routed to the outfall. Abandoning all six lift stations requires an additional 5,650 LF of 12"
gravity sewer and 8,600 LF of 8" gravity sewer line.
Since the project area is currently not served by sewer utilities, there are no existing means to
directly serve the annexation areas. A means of conveying the collected wastewater to existing
outfalls owned by PWC is required. PWC has made providing sewer service to this area a priority in
its Capital Improvement Plan (CIP) to satisfy its legal obligations. The purpose of the proposed project
is to implement PWC's CIP to provide a means of conveying collected sewerage from areas previously
annexed, protect the environment by providing a means of replacing septic systems in the
annexation areas that will eventually fail, and provide for Fayetteville future growth by installing a
means of collecting sewerage from additional areas beyond those annexed. The outfall also provides
a means of replacing septic systems in the annexation areas as well as within existing incorporated
areas along the outfall corridor. Although septic systems in this area are not known to currently be
failing, septic systems are known to have a limited lifespan before the drain fields become plugged
and need to be replaced to prevent sanitary issues inside residences or spills of raw wastewater onto
residential property. Having a public sewer system in place that property owners can connect to will
help reduce or eliminate the occurrence of these spills.
In addition, the construction of the outfall will allow PWC to eliminate six neighborhood lift stations,
simplifying PWC's wet weather response procedures, reducing energy consumption, and reducing
the need to visit the sites currently occupied by the lift stations. This Purpose and Need statement
provides general project information and a list of the design aspects utilized to reduce and eliminate
wetland and stream impacts to the maximum extent practicable.
The project site generally starts between East Lake Ridge Road and Hunting Lodge Road, traveling to
the south across Camden Road, and then south and then east to Park Garden Court. The project area
Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA
A Minority -Owned Business

transects many contiguous parcels. The project parallels along the east of Stewarts Creek, and then
along the northern side of Upchurches Pond and Rockfish Creek to the eastern terminus at Park
Garden Court, in Fayetteville, Cumberland County, North Carolina. The project transects various land
use areas, including residential, undeveloped wooded or cleared land, and existing utility right of
ways.
Emily Greer of the US Army Corps of Engineers (USACE) has been consulted and has indicated that a
Preliminary Jurisdictional Determination (PJD) for the project may be issued along with the Pre -
construction Notification (PCN). The documents for the PJD are supplied with this application.
Features identified during field review are shown on the attached Project Plans, Impact Maps, and
supplemental maps.
AVOIDANCE AND MINIMIZATION
Project construction will result in direct impacts to soils within the boundaries of the project as soil is
temporarily side cast and permanently removed during construction. In wetland areas, upon
completion of installation, side cast soil material will be approximately returned to its original
location to maintain the preconstruction grade elevation. Once grade is reestablished in the
temporary impact areas, the restored areas will be seeded with appropriate native grasses as
referenced in the Temporary and Permanent Seeding Specs published by the North Carolina
Department of Environmental Quality. This reference is included with the PCN and will be included
with the bid package for the job. Soil erosion during construction will be minimized by following a
DEQ-approved Erosion and Sedimentation Control Plan, submitted to the DEQ at least 30 days prior
to construction. A number of steps were taken during the planning stages of this project in an effort
to substantially reduce and, in some cases, eliminate wetland and stream impacts; however, the
alignment design is largely based on utilizing gravity flow for the sewer pipes, for reasons discussed
above. Some of the specific measures and considerations taken to avoid and minimize impacts to
streams and wetlands include:
• Realignment of the sewer location where practical to avoid placing permanent
aboveground features such as vents and manholes in wetlands.
• Natural vegetated buffers being maintained where possible.
• Consideration of practices such as aerial crossings, bore and jack, etc.
• Lay -down and staging areas located outside of wetlands and greater than 100' from
streams
• Limiting areas of disturbance within wetlands where feasible to reduce construction
footprint
• Utilizing super silt fence and other enhanced erosion and sediment control measures to
prevent silt and sediment from entering wetlands.
• Reducing permanent maintenance corridor to 10 ft centered on the pipeline in order to
reestablish as much natural vegetation in the disturbed project area once construction is
complete.
Fayetteville PWC 2 Big Rockfish Creek Outfall
F&R Project Number: 59Y-0128-0001 November 2023

The planning measures listed above have been taken to effectively reduce the amount of wetland
and stream impacts to the greatest extent practicable. To address potential impacts to aquatic
species, the USFWS recommends all practicable measures be taken to avoid adverse impacts,
including sediment and erosion control measures, maintaining natural vegetated buffers on streams
adjacent to the project site. All practicable measures will be taken to avoid adverse impacts to
aquatic species. Examples of these measures include installing silt fence tree protection fencing,
super silt fence, rock check dams, silt sack inlet protection, concrete washouts and temporary gravel
construction entrances. Erosion and sedimentation controls will be installed and maintained
between the construction site and nearby down -gradient surface waters. An erosion and
sedimentation control plan will be submitted to the NC Land Quality Section for approval of a NPDES
Stormwater prior to construction and is pending review and approval.
The US Fish and Wildlife Service has also recommended directional drill methods for stream and
wetland crossings. However, directional drill is not appropriate for this project. The project entails a
long, flat gravity sewer outfall with little elevation difference between the upstream and
downstream portion of the project. Therefore, directional drill of any stream or wetland crossing is
not practical due to the challenges of maintaining grade with horizontal directional drill. Dips or sags
could easily form resulting in significant constructability issues or worse, operability issues if left
unresolved. Horizontal directional drill is compatible with pressure main applications rather than
gravity lines. As recommended, open cut stream crossing methods will be utilized when water levels
are low and stream flow is minimal. Negative impacts to protected aquatic species or aquatic
resources are not anticipated as a result of this project. It is our opinion that these efforts satisfy the
requirement to avoid wetland and stream impacts where possible and reduce impacts where
necessary to the maximum extent practicable. A scoping letter was completed as part of the BRCO
project and a finding of Not Likely to Adversely Affect was received on February 16, 2018 from the
USFWS.
As recommended by USFWS, natural vegetated buffers on all streams and creeks adjacent to the
project site will be protected to the maximum extent practicable. Locations of the proposed outfall
alignment and permanent easements have been selected in an effort to maintain a buffer distance of
100 feet in most areas adjacent to perennial streams, where practicable. The closest proposed buffer
disturbance along Big Rock Fish Creek is approximately 50 feet from the top of bank; the minimum
proposed buffer disturbance along Stewarts Creek is approximately 75 feet from the top of bank.
Reasonable care will be taken during construction to avoid damage to vegetation not located in the
easements. Trees that are not selected for removal within the proposed alignment and trees located
outside of the project boundary will be protected from unnecessary cutting, breaking or skinning of
roots; skinning and bruising of bark; smothering of trees by stockpiling construction materials or
excavated material within the drip line; excessive foot and vehicular traffic including parking of
vehicles within drip line during construction. Trees and vegetation receiving unintended damage will
be repaired or replaced, when practicable.
Fayetteville PWC 3 Big Rockfish Creek Outfall
F&R Project Number: 59Y-0128-0001 November 2023

SUMMARY
The Purpose of the BRCO project, as described above, is to implement PWC's CIP to provide a means
of conveying collected sewerage from areas previously annexed, protect the environment by
providing a means of replacing septic systems in the annexation areas that will eventually fail, and
provide for Fayetteville future growth by installing a means of collecting sewerage from additional
areas beyond those required for the areas previously annexed. This PCN submittal addresses the
general and regional conditions of Nationwide Permit 58 and ensures aquatic resources are
protected.
The PWC respectfully requests review and approval of this NWP 58 verification so that bidding and
construction of the project can proceed without delay.
Sincerely,
FROEHLING & ROBERTSON, INC.
Erin Binkley
Environmental Scientist
Fayetteville PWC 4 Big Rockfish Creek Outfall
F&R Project Number: 59Y-0128-0001 November 2023

ROY COOPER
Ovz-rn'c;
MICHAEA S. REGAN
9e, I"('tar'b'
S. DA IEL SMITH
I
Dtr-e cir !)r
Fayetteville Public Works Commission
Attn: Joe Glass
P.O. Box 1089
Fayetteville, NC 28302
NORTH "y'Ai2OLINA
Environmental Quality
July 9, 2020
DWR # 20-0694
Cumberland County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Big Rockfish Creek Outfall
Dear Mr. Glass:
You have our approval for the impacts listed below for the purpose described in your application dated
May 26, 2020, received by the Division of Water Resources (Division) May 26, 2020 and payment
received on May 27, 2020 and additional information provided on July 7, 2020. These impacts are
covered by the attached Water Quality General Certification Number(s) 4133 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number(s) 12 once it is issued
to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)].
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Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland Impact
1.782 (acres)
(Conversion only — no
permanent fill)
6.041 (acres)
(Construction corridor)
Open Water
(acres)
0.123 (acres)
Perennial Stream
(linear feet)
335 (linear feet)
Intermittent Stream
(linear feet)
205 (linear feet)
2. This approval is for the purpose and design described in your application and the additional
information provided. The plans and specifications for this project are incorporated by reference
as part of the Certification. If you change your project, you must notify the Division and you
may be required to submit a new application package with the appropriate fee. If the property
is sold, the new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other activities related to the Big Rockfish Creek Outfall may be
considered cumulative to impacts approved in this Certification and may require a modification
of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC
02H .0501 and .0502]
4. The permittee shall report to the Fayetteville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -by -case
basis.
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)].
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60) calendar days.

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at 910-433-3320 or [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSigned by:
E4EtA969IDB248E_.
Mark Brantley
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC4133
Cc: Alex Aycrigg —Froehling & Robertson, Inc. - via email
Emily Greer - USACE Wilmington Regulatory Field Office - via email
FRO File

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4133
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES)
Water Quality Certification Number 4133 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) of
the US Army Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

GC4133
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Total permanent impacts to wetlands or open waters equal to or greater than one -tenth
(1/10) acre within the entire utility project; or
c) Any permanent impacts to streams; or
d) Total temporary impacts to streams greater than 500 feet within the entire utility
project; or
e) Any stream relocation or stream restoration; or
f) Any high -density utility line and associated facilities project, as defined in 15A NCAC 02H
.1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which:
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval; or
g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
h) Any permanent impacts to coastal wetlands [15A NCAC 07H .02051, or Unique Wetlands
(UWL); or
i) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
j) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
Z e.g. Delegated Phase It NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 12

GC4133
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T.
2. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark. Exceptions to this condition
require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and
(c)(4)]
3. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank). Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
4. Construction corridors in wetlands and across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40
feet wide for all other utility lines. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is not
permitted.
5. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide for gas utility
lines and 20 feet wide for all other utility lines except at manhole locations. 15-foot by 15-
foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be
spaced at least 500 feet apart. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
Page 3of12

GC4133
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)]
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
c. Maximum water -cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28-day psi 2,500
7. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will
be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NC5000250 shall serve to satisfy this condition. All other high -
density utility line and associated facilities projects that trigger threshold Item (f) above
shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering
the volume and velocity of stormwater runoff from the project built upon area and the
size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
11. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
Page 4 of 12

GC4133
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .05021
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
Page 5 of 12

GC4133
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 026.0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506
(b)(2) and 15A NCAC 04B .0125]
Page 6 of 12

GC4133
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Page 7 of 12

GC4133
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 0213.0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 8 of 12

GC4133
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 0213 .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A
NCAC 01C .0107(a)]
Page 9 of 12

GC4133
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to,, Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
Page 10 of 12

GC4133
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4133 issued December 1, 2017
replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012; WQC Number
3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007; WQC Number 3625
issued March 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued
June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued
September 6, 1995, WQC Number 2664 issued January 21,1992.
Page 11 of 12

GC4133
ANTI -SEEP COLLAR
r-
� Inches 18
t I Utility Line
I � (Diameter Varies)
1 foot I �
I �
Class B Concrete
or Compacted Clay
6 Inchesl
enc��l inches
�Ix
Not to e40 feet
SECTION
Class B Concrete
r Compacted Clay
2
nches
PLAN
Page 12 of 12

ROY COOPER
DWR Project No.:
Applicant:
Project Name:
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
� E�- Qm�`
N urf h Canol 1 St Ali tell' 1D 1Vt [ n1.11z'nt'l _ f l Ry
i_" , ly.,: cif �Cieef, .t.t . F d ] I 1?, -ifft3 �.,. �iCi > _arokn'a "S 01

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00952 County: Cumberland U.S.G.S. Quad: NC -Hope Mills
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: City of Fayetteville PWC
Joe Glass
Address: PO Box 1089
Favetteville, NC 28302
Telephone Number: 910.630.3330
E-mail: 0oe.21ass(&faypwc.com
Size (miles) 5_3 Nearest Town Parkton
Nearest Waterway Rockfish Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 34.959689
Longitude:-78.996964
Location description: The start of proiect coordinates are latitude 34.960619N and longitude-78.97795W and the end of proiect
coordinates are latitude 34.981538N and longitude-79.04669W.
Description of projects area and activity: This verification authorizes the permanent conversion of 1.72 acres of wetland and
temporary impacts to 6.04 acres of wetlands. 0.1. 0.12-acre of open waters, and 540 linear feet of perennial and intermittent
stream channel for the purpose of installing 22,900 linear feet of 24-inch sewer pipe, 10,850 linear feet of 18" sewer pipe, 5,650
linear feet of 12" gravity sewer pipe and 8,600 linear feet of 8" gravity sewer line associated with an annexation agreement
with the Citv of Favetteville. Conmensatory mitigation for the permanent conversion of 1.7 acres of riparian wetland will
occur at a 1:1 ratio with NC DMS in HUC 03030004.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 12. Utility Line Activities
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 enclosed
Conditions, your application signed and dated 5/26/2020, and the enclosed plans Sheets 1-37 dated 4/28/2020. 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 authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water 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 (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, 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 Emily Greer at 910.251.4567or emily.c.greer(&usace.army.mil.

G R E E R. E M I LY.C. 1 3 Digitally signed by
G R E E R. E M I LY. C.1385325300
85 3 2 5 3 00 Date: 2020.07.23 23:11:53-04'00'
Corps Regulatory Official:
Expiration Date of Verification: 3/18/2022
Date: 07/23/2020
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.arrny.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: F&R, Inc.
Alex Aycri2
E-mail: aaycri22(a)fandr.com

CERTIFICATE OF COMPLETION
Action ID Number: SAW-2020-00952 County: Cumberland
Permittee: City of Fayetteville PWC, Joe Glass
Project Name: Rockfish Creek Sewer Outfall Fayetteville PWC Cumberland
Date Verification Issued: 07/23/2020
Project Manager: Emily Greer
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: Emily Greer
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
emily.c.greer@usace. army.mil
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-2020-00952
SPECIAL CONDITIONS
ROCKFISH CREEK SEWER OUTFALL
SAW-2020-00952
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions
listed on this form, are hereby incorporated as special conditions of this permit authorization.
Compensatory mitigation for the permanent conversion of 1.7 acres of riparian wetland shall occur at a
1:1 ratio with NC DMS in HUC 03030004.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Joseph Glass
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302
NORTH CAROLINA
Environmental Quality
May 26, 2020
Expiration of Acceptance: 11/26/2020
Project: Big Rockfish Creek Outfall County: Cumberland
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and bank credit
availability and may exceed the impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030004
Riparian Wetland
Up to 1.79
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
cc: Alex Aycrigg, agent
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
7Wb4nMlRMGiWIW
North Carolina Department of Errvironwntal Quality I Division of Mitigation Services
217 W.]one s Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919,707.8976

Compensatory Mitigation Responsibility Transfer Form
Permittee: City of Fayetteville PWC, Joe Glass Action ID: SAW-2020-00952
Project Name: Rockfish Creek Sewer Outfall_Fayetteville PWC_Cumberland County: Cumberland
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1.7
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1.7
Mitigation Site Debited: NC DM 03030004
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NC DMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 5/26/2020 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd. tugweHC&usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Greer
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
GREER.EMILY.C.13853 Digitally signed by
GREER.EMI LY.C.1385325300
25300 Date: 2020.07.23 23:12:18-04'00'
USACE Project Manager Signature
07/23/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

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UE=

NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Utility Line Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2-acre of waters of the United States for
each single and complete project.
Utility. 1�: This NWP authorizes discharges of dredged or fill material into waters of the
United States and structures or work in navigable waters for crossings of those waters
associated with the construction, maintenance, or repair of utility lines, including outfall and
intake structures. There must be no change in pre -construction contours of waters of the
United States. A "utility line" is defined as any pipe or pipeline for the transportation of any
gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages,
and internet, radio, and television communication. The term "utility line" does not include
activities that drain a water of the United States, such as drainage tile or french drains, but it
does apply to pipes conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from
the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters
of the United States (e.g., backfilling with extensive gravel layers, creating a french drain
effect). Any exposed slopes and stream banks must be stabilized immediately upon
completion of the utility line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction, maintenance, or expansion of
substation facilities associated with a power line or utility line in non -tidal waters of the
United States, provided the activity, in combination with all other activities included in one
single and complete project, does not result in the loss of greater than 1/2-acre of waters of
the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent
to tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the
construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
1

Access roads: This NWP authorizes the construction of access roads for the construction and
maintenance of utility lines, including overhead power lines and utility line substations, in
non -tidal waters of the United States, provided the activity, in combination with all other
activities included in one single and complete project, does not cause the loss of greater than
1/2-acre of non -tidal waters of the United States. This NWP does not authorize discharges
into non -tidal wetlands adjacent to tidal waters for access roads. Access roads must be the
minimum width necessary (see Note 2, below). Access roads must be constructed so that the
length of the road minimizes any adverse effects on waters of the United States and must be
as near as possible to pre -construction contours and elevations (e.g., at grade corduroy roads
or geotextile/gravel roads). Access roads constructed above pre -construction contours and
elevations in waters of the United States must be properly bridged or culverted to maintain
surface flows.
This NWP may authorize utility lines in or affecting navigable waters of the United States
even if there is no associated discharge of dredged or fill material (See 33 CFR part 322).
Overhead utility lines constructed over section 10 waters and utility lines that are routed in or
under section 10 waters without a discharge of dredged or fill material require a section 10
permit.
This NWP authorizes, to the extent that Department of the Army authorization is required,
temporary structures, fills, and work necessary for the remediation of inadvertent returns of
drilling fluids to waters of the United States through sub -soil fissures or fractures that might
occur during horizontal directional drilling activities conducted for the purpose of installing
or replacing utility lines. These remediation activities must be done as soon as practicable,
to restore the affected waterbody. District engineers may add special conditions to this NWP
to require a remediation plan for addressing inadvertent returns of drilling fluids to waters of
the United States during horizontal directional drilling activities conducted for the purpose of
installing or replacing utility lines.
This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, necessary to conduct the utility line activity. Appropriate measures must be
taken to maintain normal downstream flows and minimize flooding to the maximum extent
practicable, when temporary structures, work, and discharges, including cofferdams, are
necessary for construction activities, access fills, or dewatering of construction sites.
Temporary fills must consist of materials, and be placed in a manner, that will not be eroded
by expected high flows. After construction, temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if any of the following criteria are met:
(1) the activity involves mechanized land clearing in a forested wetland for the utility line
right-of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United
States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a
jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream
bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than
1/10-acre of waters of the United States; (6) permanent access roads are constructed above
2

grade in waters of the United States for a distance of more than 500 feet; or (7) permanent
access roads are constructed in waters of the United States with impervious materials. (See
general condition 32.) (Authorities: Sections 10 and 404)
Note 1: Where the utility line is constructed or installed in navigable waters of the United
States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United
States territories, a copy of the NWP verification will be sent by the Corps to the National
Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for
charting the utility line to protect navigation.
Note 2: For utility line activities crossing a single waterbody more than one time at separate
and distant locations, or multiple waterbodies at separate and distant locations, each crossing
is considered a single and complete project for purposes of NWP authorization. Utility line
activities must comply with 33 CFR 330.6(d).
Note 3: Utility lines consisting of aerial electric power transmission lines crossing navigable
waters of the United States (which are defined at 33 CFR part 329) must comply with the
applicable minimum clearances specified in 33 CFR 322.5(i).
Note 4: Access roads used for both construction and maintenance may be authorized,
provided they meet the terms and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion of the work, in accordance
with the requirements for temporary fills.
Note 5: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances
over navigable waters of the United States are considered to be bridges, not utility lines, and
may require a permit from the U.S. Coast Guard pursuant to section 9 of the Rivers and
Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the
United States associated with such pipelines will require a section 404 permit (see NWP 15).
Note 6: This NWP authorizes utility line maintenance and repair activities that do not qualify
for the Clean Water Act section 404(f) exemption for maintenance of currently serviceable
fills or fill structures.
Note 7: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP
verification will be provided to the Department of Defense Siting Clearinghouse, which will
evaluate potential effects on military activities.
Note 8: For NWP 12 activities that require pre -construction notification, the PCN must
include any other NWP(s), regional general permit(s), or individual permit(s) used or intended
to be used to authorize any part of the proposed project or any related activity, including other
separate and distant crossings that require Department of the Army authorization but do not
require pre -construction notification (see paragraph (b) of general condition 32). The district
engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision."
The district engineer may require mitigation to ensure that the authorized activity results in no
more than minimal individual and cumulative adverse environmental effects (see general
condition 23).

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. _ (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 of the Clean Water Act).
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,
5

unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
hLtp://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the name(s) of the endangered or threatened species that
71

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

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

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. If NHPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
9

23. 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-
10

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NVYP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or fill
11

material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Mana _eg ment. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP` 14, with associated bank stabilization authorized by NWP` 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
12

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE project"), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the
13

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
"no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work
cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWP, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
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Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
15

supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal

individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than
1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
17

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).

DEFINITIONS
Best management (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: _ The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource f inction(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
19

Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the
20

primary source of water for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
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Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWP authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water
22

surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds,
and wetlands.
23

FINAL REGIONAL CONDITIONS 2017
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT -
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time of publication. However, the Wilmington
District Regulatory Program web page addresses, as with other agency web sites, may change
over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re -direct pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the "Permits " section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
24

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Pre -Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
http://www.saw.usace.army.mil/Missions/RegulatoD PermitPro rg am/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
25

Raleigh, NC 27636-3726
Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
IOC (15A NCAC 02B, 15A NCAC 1OC) and at the following World Wide Web page:
http://reports.oah. state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%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:
htlps:Hdeq.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
gel

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/Vp=107:27:0::NO:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Watersheds:
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
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]
27

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Pro rg am/Agency-
Coordination/Trout/.
**If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek

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:
htip://www.saw.usace.army.mil/Missions/Re ug latoiy-Permit-Pro_r�gency-
Coordination/Desi ated-Special-Waters.aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
https://ribits.usace.army.mil/ribits_apex/Vp=107:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case -by -case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
29

NWPs that do not have specific notification requirements. If a NWP has specific notification
requirements, the requirements of the NWP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the impacts of complying with this Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be
30

sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring flows should be determined from gage data, if available. In the absence of such data,
bank -full flow can be used as a comparable indicator.
In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
Culvert
12 Inches
V
Invert
Ries
pamew)
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
31

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
allowed only to receive bank -full flows.
Approach Fill
Roadway
Baff],ef Stream
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
32

should be used and no dredged sand from closed shell fishing areas may be used. If beach
disposal were to occur at times other than stated above or if sand from a closed shell fishing area
is to be used, a swimming advisory shall be posted, and a press release shall be issued by the
permittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP
48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream Banks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure
33

needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
htip://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aWx. 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: SAWWeb-NAVgusace.army.mil
3.13 Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
34

(1) A permittee using a NWP must check to see if their project is located in the range of
the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas
on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmis/project_review/NLEB_ in WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
hLtps://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 aM of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
. percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that
the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the percussive
activities will not occur within 0.25-mile of a red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of bat use, OR;
35

located in a red ITUC, 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; aM
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 latory-Permit-Pro rg am/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #12 - Utility Line Activities
4.1.1 Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
4.1.2 Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non -erodible materials.
4.1.3 The work area authorized by this permit, including temporary and/or permanent fills, will
be minimized to the greatest extent practicable. Justification for work corridors exceeding forty
(40) feet in width is required and will be based on pipeline diameter and length, size of
equipment required to construct the utility line, and other construction information deemed
necessary to support the request. The permittee is required to provide this information to the
Corps with the initial notification package.
01

4.1.4 Excavated materials shall be returned to the excavated areas and any remaining materials
shall be disposed of in uplands, unless the Corps authorizes disposal in waters of the United
States.
4.1.5 In areas where a sub -aqueous utility line is to cross a federally -maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the allowable overdepth of the authorized channel, including all side slopes. For areas outside
federally -maintained channels, sub -aqueous lines must be installed at a minimum depth of two
(2) feet below the substrate when such lines might interfere with navigation.
4.1.6 The minimum clearance*(see NOTE in 4.1.7) for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance required for nearby
stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has
not established a bridge clearance, minimum vertical clearances for power and aerial lines will
not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical
Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI
C2.
4.1.7 The minimum clearance* for an aerial line, transmitting electrical power, is based on the
low point of the line under conditions that produce the greatest sag, taking into consideration
temperature, load, wind, length or span and the type of supports. The minimum clearance for an
aerial electrical power transmission line crossing navigable waters of the United States, where
there is an established bridge clearance established by the U.S. Coast Guard, shall be governed
by the system voltage, as indicated below:
Nominal System
Minimum Clearance
Voltage, kilovolt
Above Bridge Clearance (As
Established by the U.S. Coast
Guard)
115 and below
20 feet
138
22
161
24
230
26
350
30
500
35
700
42
750 to 765
45
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary
bridge, including � infrastructure attached to underside of the bridge, and the Mean High
Water (MHW) of the navigable waters of the United States beneath the bridge.
4.1.8 On navigable waters of the United States, including all federal navigation projects, where
there is no bridge for reference for minimum clearance, the proposed project will need to be
reviewed by the Corps in order to determine the minimum clearance between the line and MHW
necessary to protect navigational interests.
37

4.1.9 A plan to restore and re -vegetate wetland areas cleared for construction must be submitted
with the required PCN. Cleared wetland areas shall be re -vegetated to the maximum extent
practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not
be used.
4.1.10 Any permanently maintained corridor along the utility right of way within forested
wetlands shall be considered a permanent impact. A compensatory mitigation plan will be
required for all such impacts associated with the requested activity if the activity requires PCN
and the cumulative total of permanent forested wetland impacts exceeds 1/10-acre, unless the
District Engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal.
For permanent forested wetland impacts of 1/10-acre or less, the District Engineer may
determine, on a case -by -case basis, that compensatory mitigation is required to ensure that the
activity results in minimal adverse effects on the aquatic environment.
4.1.11 Use of rip -rap or any other engineered structures to stabilize a stream bed should be
avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed
only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top
elevation of the riprap should not exceed that of the original stream bed.
4.1.12 When directional boring or horizontal directional drilling (HDD) under waters of the
United States, including wetlands, permittees shall closely monitor the project for hydraulic
fracturing or "fracking." Any discharge from hydraulic fracturing or "fracking" into waters of
the United States, including wetlands, shall be reported to the appropriate Corps Regulatory
Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a
result of any unintended discharges.
4.1.13 For purposes of this NWP, the term utility line does not include pipes or culverts
associated with driveways, roadways, lots, etc.
4.1.14 The permittee shall submit a PCN to the District Engineer prior to commencing the
activity if the activity will involve the discharge of dredged or fill material into more than 1/10-
acre of wetlands or 150 linear feet of stream channel for the construction of temporary access
fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly
describes how all temporary fills will be removed, describes how pre -project conditions will be
restored, and includes a timetable for all restoration activities.

'�IORM PLACE
NORTH
PROJECT
SITE
r -
y _
•+ d�
e
VICINITY MAP NOT TO SCALE
PROJECT NAME: BIG ROCKFISH CREEK OUTFALL
OWNER/DEVELOPER:
FAYETTEVILLE PWC
955 OLD WILMINGTON RD
FAYETTEVILLE, NC 28302
EMAIL
F'AV-[�i'YVII �--F'- prllaL
WOitly O�®OBH
WATER RESOURCES ENGINEERING
" ". Boo 1009, FaYaOeYlllo. NC 20302
955 ad WIImin9ron Road. FaVeHowllra, NC 28301
v
v
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: [phone], Fax: [phone]
NC License# F-1222
www. mcki mcreed-co m
PROJECT INFORMATION
SITE MAP
BIG ROCKFISH CREEK OUTFACE
PROJ. NO. 01925-0005
04/28/2020
ISSUED FOR PERMIT
SHEET INDEX
26
W34
f �,
27
W35 (SHEET 1 OF 4)
--
SHEET SHEET TITLE
NUMBER
28
W35 (SHEET 2 OF 4)
T. 1 1
WETLAND IMPACT COVER
29
W35 (SHEET 3 OF 4)
SHEET
30
W35 (SHEET 4 OF 4)
2
IMPACT SUMMARY TABLES
31
S4
3
W3, S1, S2
`{-
32
S13A, S13B
4
W8
33
S5
5
W20
34
S6
6
W16, W17
35
S7
7
W2, S8, S9 (SHEET 1 OF 2)
36
S14 - BIG ROCKFISH CREEK
8
W2, S8, S9 (SHEET 2 OF 2)
37
KING'S POND OPEN WATER
9
W18
IMPACT
10
W26, W27, W28, W29, S10
11
WC
12
WB
13
W1 (SHEET 1 OF 4)
14
W1 (SHEET 2 OF 4)
15
W1 (SHEET 3 OF 4)
16
W1 (SHEET 4 OF 4)
17
W24, S11
18
W25
19
W33
20
W32
21
W31, S13B (SHEET 1 OF 4)
22
W31, S13B (SHEET 2 OF 4)
23
W31, S13B (SHEET 3 OF 4)
24
W31, S13B (SHEET 4 OF 4)
25
WL30R
SCALE: 1"=3000' SHEET INDEX
,.P'[ r CAR
�C1; �Fessio, • 4,
4
r co
X
Know what's below.
Call before you dig.
J
J
LL
LL
H
0
Y
W
W
U
LL
Y
U
O
0Y
O
co
Ln
0
0
0
N
0
0
Z
0
Of
1 01925-0005 WETLAND IMPACT COVER SHE{T-OwG ---- 0d/28/28R4 09:07:3
RANCH

WETLAND IMPACT AREA
WETLAND
TEMPORARY IMPACT
PERMANENT IMPACT
SO. FT.
ACRES
SQ. FT.
ACRES
W3
14618.25
0.3356
3822.89
0.0878
W8
10678.99
0.2452
2410.38
0.0553
W20
2425.51
0.0557
957.28
0.022
W16
5164.87
0.1186
789.58
0.0181
W17
80.1
0.0018
0
0
W2
81992.26
1.8823
21674.13
0.4976
W18
9834.10
0.2258
1995.3
0.0458
W26
1337.19
0.0307
351.9
0.0081
W27
242.01
0.0056
44.02
0.001
W28
46.29
0.0011
0
0
W29
957.2
0.022
347.38
0.008
WC
1449.2
0.0333
408.07
0.0094
WB
19172.4
0.4401
4653.12
0.1068
W1
27671.86
0.6353
4725.43
0,1085
W24
435.22
0.01
86.28
0.002
W25
861.13
0.0198
93.05
0.0021
W33
3900.76
0.0895
1194.42
0.0274
W32
4026.61
0.0924
1155.7
0.0265
W31
41262.07
0.9472
14464.5
0.3321
WL30R
7486.4
0.1719
0
0
W34
4647.28
0.1067
3216.63
0.0738
W35
38324.31
0.8798
15587.08
0.3578
TOTAL
276614.02
6.3502
77977.14
1.7901
TEMPORARY STREAM IMPACT
STREAM
LENGTH (LF)
WIDTH (LF)
S1
52.33
6.01
S2
68.61
17.57
S4
51.87
8.67
S13A
51.77
16.26
S138
57.09
6.86
S5
47.53
2.00
S6
49.21
2.70
S7
35.52
5.07
S8
64.67
16.77
S9
0
0
S10
33.5
5.44
S11
68.72
4.78
TOTAL
580.81
9114
"*N X54&CR,EM
8020 Tower Poinl Drive
Charlolle, North Carolina 28227
Phone:[phone] Fax:[phone]
NC U.-.0 F-1222
www.mckimcreed.com
FAYWXMAWLLA-11 F ;30
WATER RESOURCES ENGINEERING
- •�.••. •......... P.D. lox 1009, Fay,Itnik, NC 28302
955 Did Wllmlgly Roatl, FaYelle Yule, NC 29301
BIG ROCKFISH CREEK OUTFALL WETLAND AND STREAM IMPACTS
STREAM IMPACTS
STREAM 'S14' - ROCKFISH
CREEL(
SO FT
ACRE
ALLOWABLE TEMP.
22457.71
0.5156
ALLOWABLE PERM. (8 PIERS)
57.73
0.0013
TOTAL
22515.44
0.5169
BIG ROCKFISH CREEK OPEN WATER IMPACT
KING'S POND
LENGTH (LF)
WIDTH (LF)
TEMPORARY
48.02
112,31
PERMANENT
0
0
TOTAL
48.02
112.31
BIG ROCKFISH CREEK OUTFALL
GENERAL
IMPACT SUMMARY TABLES
CA
.,
10 N R�C
''rrrnnr+►``
"we, :'AA!0111: atrlJ zDJ9
SCALE
MCE PROJ q
01925A0a5
/�
❑RAWN
AW9
HORIZONTAL
2
DESIGNED
JJM
TBD
CHECKED
won
VERTICAL
A
PROJ MGR
BRL
TBD
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\IMPACT SUMMARY TABLES, DWG 04/21/2020 12:58:00 ANDREW BRANCH

Ivv W2-30 W2-29�..-
W2-26 FCOPS W2-25
✓ - h �. •;INS=31�
TEMPORARY STREAM S8 IMPACT \ �-" ' r
LENGTH=51.24 LF, WIDTH=8.03 LF W2-20 W2-21 ;W2_24:. . . ;•-32
STREAM
ORIGIN
.
TEMPORARY WETLAND W2 IMPACT STREAM
WETLAND CONTINUES AREA = 62734.93 SF (1.4402 AC) ORIGIN
OFF PROJECT SITE W2-18 r
PERMANENT WETLAND W2 IMPACT J:
w2-101 +W2-106
AREA = 21674.13 SF (0.4976 AC)
fW2-105
,� p l�•: " N1w
W2-104 "
rW2-102W2 14t.$x,�, . . 'o'.�. "r :.;� •.. • ,..•: Imo+
t •..
—103 W2-006 W2-11 W2 13'•
W2-10 vinf�� • - . - ��r-•..�
r=•'�
rw2�006
u 12: :::,-- a
1 W2
ti.ti'.W2•=-Q�7• '�-'..,r""a•' fir• 8
¢
••rti 4 � _ � • • •�^1 ���y .i U l Ji
ay
oa `•• �'• :•:•:•:•�r-;� .:r..•�.�:�_ � �-� � tea. ,�,., Z,
W2-69—FCOPS�^`x
n PROPOSED
WETLAND CONTINUES .: ` v,. Iaf�P �. 24" PVC
OFF PROJECT SITE - "" --..,SEWER
n h rs�� tr ti' • �
PERMANENT WETLAND IMPACT
(BASED ON 10' PERMANENT
MAINTENANCE CORRIDOR)
L TEMPORARY WETLAND IMPACT
L__
I --
I TEMPORARY STREAM IMPACT
L �
LIMITS OF DISTURBANCE
1*�Ssl�iSILT FENCE OUTLET
'ivy .u. •,y, i . ry•:1 : ''•,; ►
'.
R:;=fir,-'�j S9�
A °
d� p
r
t7 � 4 z'af li Y
sd� �41
L
BIG ROCKFISH CREEK
OUTFALL WETLAND
IMPACTS
AND STREAM
WETLAND IMPACTS
WETLAND "W2"
SQ FT
ACRE
ALLOWABLE TEMP.
81992.26
1.8823
ALLOWABLE PERM.
21674.13
0.4976
TOTAL
103666.39
2,3799
�j UMM&�
8020 Tower Point Drive
Charlolle, North Carolina 28227
Phone:(7D4)841-2588 Fax:[phone]
NC Licensee F-1222
www mckimcreed Co.
S8 - STREAM
'S8 !3tREAM
J—S8 STREAM
S8 STREAM °
's
I
S9 STREAM
TEMPORARY STREAM S8 IMPACT
LENGTH=13.43 LF, WIDTH=8.75 LF
TEMPORARY STREAM S9 IMPACT
LENGTH=O LF, WIDTH=O LF
TEMPORARY WETLAND W2 IMPACT
AREA = 19198.38 SF (0.4407 AC)
BIG ROCKFISH CREEK WETLAND AND
STREAM IMPACTS
STREAM IMPACTS
STREAM "S8"
LENGTH (LF)
WIDTH (LF)
S8 TEMP.
64.67
16.77
S8 PERM.
0
0
TOTAL
64.67
16.77
W2-3
—W2-36
W2-37-F00PS
H
•'��N CARO �.
r
-, =p ¢.FESSt 79
= 4
CA
� f 1 r Ff1f, list"
BIG ROCKFISH CREEK WETLAND AND
STREAM IMPACTS
STREAM IMPACTS
STREAM "S9"
LENGTH (LF)
WIDTH (LF)
S9 TEMP.
0
0
S9 PERM.
0
0
TOTAL
0.00
0.00
150' 0 150' 300'
SCALE: 1 "=150' (Horiz.)
1rAY8Y't'il'.•II1E �*�*v.
WATER RESOURCES ENGINEERING
• - •� P.O. Noy 1089, Fayelleyille, NC 20302
955 Did Wilmington Road, Fayelleyille, NC 20301
NOTE:
WETLAND FLAG INFORMATION
PROVIDED ON SHEET 8
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W2, S8, S9 (SHEET 1 OF 2)
r
PROJ START DATE 0111312020
SCALE
MCE PROJ N
01825-0005
DRAWN
7W9
HORIZONTAL
DESIGNED
JJM
1' - 150
CHECKED
WOH
VERTICAL
0
PROJ NOR
9RL
19O
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT. DWG 04/21/2020 13:12:05 ANDREW BRANCH

WETLAND W2 FLAG TABLE
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
W2-001 FCOPS
440122.22
1996329.43
W2-21
440528.68
1997999.76
W2-42
440413.49
1998191.64
W2-103
440266.67
1996276.58
W2-002
440146.38
1996335.36
W2-23
440571.85
1998184.83
W2-53
440319.02
1997844.33
W2-104
440291.91
1996295.44
W2-003
440140.12
1996363.18
W2-24
440601.67
1998176.02
W2-54
440254.45
1997795.01
W2-105
440330.48
1996321.52
W2-004
440167.87
1996376.49
W2-25
440602.46
1998137.95
W2-55
440254.38
1997764.54
W2-106
440359.95
1996345.59
W2-005
440179.72
1996410.06
W2-26 FCOPS
440614.32
1998115.59
W2-56
440221.54
1997694.89
NOTE:
WETL0SHEET
W2-006
440193.16
1996421.93
W2-27
440639.63
1998237.01
W2-57
440184.55
1997625.54
W2-007
440203.00
1996444.67
W2-28
440654.76
1998321.31
W2-58
440168.17
1997537.81
W2-008
440209.15
1996474.26
W2-29
440692.83
1998447.89
W2-59
440145.25
1997456.37
W2-009
440233.34
1996500.65
W2-30
440711.05
1998515.73
W2-60
440123.59
1997378.78
W2-10
440185.10
1996699.86
W2-31
440653.33
1998587.58
W2-61
440104.84
1997287.48
W2-11
440188.08
1996755.63
W2-32
440617.00
1998511.03
W2-62
440051.63
1997134.48
W2-12
440208.41
1996803.88
W2-33
440530.26
1998451.02
W2-63
440020.66
1997028.49
W2-13
440241.13
1996922.62
W2-34
440539.35
1998431.33
W2-64
439979.49
1996844.83
W2-14
440250.57
1996979.34
W2-35
440521.80
1998401.04
W2-65
439912.51
1996728.15
W2-15
440324.22
1997198.49
W2-36
440512.28
1998372.70
W2-66
439883.36
1996621.74
W2-16
440358.31
1997327.25
W2-37-FCOPS
440501.53
1998335.17
W2-67
439985.57
1996434.72
W2-17
440400.12
1997451.29
W2-38
440494.91
1998320.86
W2-68
440061.00
1996378.54
W2-18
440445.57
1997587.92
W2-39
440483.94
1998285.91
W2-69-FCOPS
440066.88
1996334.81
W2-19
440490.65
1997759.44
W2-40
440473.00
1998241.57
W2-101
440300.59
1996238.23
W2-20
440537.16
1997914.49
W2-41
440438.17
1998226.23
W2-102
440278.42
1996252.83
. NflOM&CIUM
8020 T.- Paint Drive
Charlotte, North Carolina 28227
Phone:[phone]BB, Fax:[phone]
NC License# F-1222
--mckimcreeD-cam
WATER R' E 0 RCESS ENGINEERING
• •... .... .�................. P.O. It. 1121,1#plllntl%, NC 9N902
955 OW W11-pi. 1a11,NC 29101
ID IMPACTS SHOWN ON
7
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W2, S8, S9 (SHEET 2 OF 2)
#CAR''•.,
gip¢ Fssi Ci,��
2c,0
{ �0 �µ1 %
PROJ STARTDATE
OV1012020
SCALE
MGE PROJ N
019254005
Q
DRAWN
AWB
HORIZONTAL
Q
DESIGNED
JJM
TBD
VW Celp
WOI1
VERTICAL
0
PROJ MGR
BRL
TBD
Slgl O5
_
ISSUED FOR PERheIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT -DWG 04/21/2020 13:12 42 ANDREW BRANCH

PERMANENT WETLAND W18 IMPACT TEMPORARY WETLAND W18 IMPACT WETLAND CONTINUES N
AREA = 1851.12 SF (0.0425 AC) AREA = 6739.42 SF (0.1547 AC) OFF PROJECT SITE
W18-017 FCOPS F wl 8-109 W18-110
Wi8-1Q1 f
*wl811,01EN' 1841�]g g k,-R� � `:- W18-111
w w W W •J� +1 �[• W W w w w
p !1 Wi 8-105
4",�VK- �-t wl;-014� W W W W W W W W W W W W W W
-11.1m --015 w W f wi8-1 W W W W W W W W W W W W W y 4 w WF- 8R-3
LL!! WJ18a4 w U
W w W1 •Y W W W W W
W18-013 W1$1.-187�33 f w W PROP0ISED,.
2'_YX PVC IW w W W W W W W W W
W18-012 JtWER' W Wo W W18y114w w W W w WFi�R-
1�.{''y�+, W W = W
W18-01
ii
yf.c j i .L 4' •V V-' W •V .I � W - y s__- _ � -__ W__ J .8 w r = ,y ^3- L.
-I}-
�Q-
�AF.� -.'. � ---_ter•=-= rt-
W18-008 III W w LW W W W
W W W W
Wl 8-4006 W W W
W18-005-\\ w w W W W
W W W k
W18-004 i+W18-002 W W W
W
+W18-116
W W W _ - 8117
W W W 1
w W 4 W �
PERMANENT WETLAND W18 IMPACT
y W W +W18-118 AREA = 144.18 SF (0.0033 AC)
W TEMPORARY WETLAND W18 IMPACT
W AREA = 3094.68 SF (0.0710 AC)
W W W
W18-003' `'� w W W W W W W W W-LW18-119 FCOPS
W W
+ W18- 001
�Il
WETLAND CONTINUES
OFF PROJECT SITE
PERMANENT WETLAND IMPACT
(BASED ON 10' PERMANENT
MAINTENANCE CORRIDOR)
TEMPORARY WETLAND IMPACT
TEMPORARY STREAM IMPACT
L� LIMITS OF DISTURBANCE
WF-W18R-
BIG ROCKFISH CREEK OUTFALL WETLAND AND STREAM IMPACTS
WETLAND IMPACTS
WETLAND "W18"
SQ FT
ACRE
ALLOWABLE TEMP.
9834.10
0,2258
ALLOWABLE PERM.
1995.30
0.0458
TOTAL
11829.40
0.2716
4!!F
5020 Tower Poinl Drive
Charlolle, Nodh Carolina 28227
Phone [phone] Fax:[phone]
NC License% F-1222
--kimcreed com
WETLAND W18 FLAG TABLE
WETLAND FLAG TABLE
WETLAND FLAG TABLE
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
W18-001
439152.38
1992186.24
W18-104
439349.82
1992257.80
W18-002
439170.72
1992195.26
W18-105
439359.16
1992267.87
W18-003
439171.48
1992179.78
W18-106
439344.91
1992274.24
W18-004
439182.56
1992171.10
W18-107
439319.64
1992281.51
W18-005
439186.17
1992184.94
W18-108
439328.69
1992297.54
W18-006
439208.22
1992202.84
W18-109
439366.92
1992307.55
W18-007
439234.49
1992175.69
W18-110
439372.07
1992350.28
W18-008
439230.46
1992195.15
W18-111
439367.66
1992364.65
W18-009
439231.90
1992204.79
W18-114
439276.90
1992401.66
W18-010
439229.03
1992226.79
W18-115
439254.38
1992389.83
W18-011
439281.71
1992213.14
W18-116
439240.75
1992368.40
W18-012
439288.88
1992222.83
W18-117
439233.27
1992316.63
W18-013
439315.66
1992220.87
W18-118
439203.16
1992295.17
W18-014
439354.66
1992223.50
W18-119 FCOPS
439162.83
1992315.64
W18-015
439346.18
1992180.19
W18-210
439280.43
1992519.99
W18-016
439367.86
1992184.71
WF-W18R-1
439290.98
1992561.85
W18-017 FCOPS
439372.03
1992171.69
WF-W18R-2
439267.64 1
1992583.90
W18-101
439380.48
1992211.24
WF-W18R-3
439351.48
1992551.33
W18-102
439368.39
1992227.10
W18-103
439377.62
1992249.58
50' 0 50' 100'
SCALE: 1 "=50' (Horiz.)
TAYETT'>RV�.„ >PL
WORE OO�.�.�.7
WATER RESOURCES ENGINEERING
• '••• ••.. . ....... • ••...... F.O. Ile, 1000. Fsrellerille, NO 293D2
955 Oltl Wilmin9lon Be94, FeFelleville, NC 28301
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W18
PROJ START DATE
0111312021
SCALE
DRAWN
qWB
HORIZONTAL
DESIGNED
JJM
1-50•
CHECKED
WOH
VERTICAL
0
PROJ MGR
HIRE
TBD
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT. DWG 04/21/2020 13:14:32 ANDREW BRANCH

TEMPORARY WETLAND W29 IMPACT AREA = 721.60 SF (0.0166 AC)
STREAM ORIGIN
TEMPORARY STREAM S10 IMPACT W29 004 S10
LENGTH=33.,50 LF, WIDTH=5.44 LF
:05
TOP OF BANK- - w29
'-,\PROPOSEI7'
>� .24" PVC _
SEWER
STIR
TEMPORARY WETLAND W29 IMPACT
AREA = 235.60 SF (0.0054 AC)
�� 6p PERMANENT WETLAND W29 IMPACT
AREA = 347.38 SF (0.0080 AC)
f
1�
�Nr O
051Cj,; C�,9
.'=.�QOfr
Pill
co
0.
PERMANENT WETLAND IMPACT
(BASED ON 10' PERMANENT
MAINTENANCE CORRIDOR)
TEMPORARY WETLAND IMPACT
F-I TEMPORARY STREAM IMPACT
L _,
LIMITS OF DISTURBANCE
SILT FENCE OUTLET
TEMPORARY WETLAND W28 IMPACT
AREA = 46.29 SF (0.0011 AC)
Wyq-001 W28 002
W29-003 I �W28-001
W299007 -006 4 W28 004-
W2DW 9-00a1 229
-
`�W27-00
008
�W29--014 W27-003
i'-`01i P!�t2g-010
W27-00fWF/W
d-W29-012
+W27-005
Q
TEMPORARY WETLAND W27 IMPACT 1
AREA = 103.80 SF (0.0024 AC)
1 I
PERMANENT WETLAND W27 IMPACT
AREA = 44.02 SF (0.0010 AC)
J f
TEMPORARY WETLAND W27 IMPACT
AREA = 138.21 SF (0.0032 AC)
WF/WL26R-3 loop
1-001
NET
-"-,-�WF/WL26R-4
TEMPORARY WETLAND W26 IMPACT
AREA = 1150.28 SF (0.0264 AC)
WF/WL26R-5
4 WFIWL26R-6-TT-1
\;? 1
BIG ROCKFISH CREEK OUTFALL WETLAND AND STREAM IMPACTS
WETLAND IMPACTS
WETLAND "W26"
SQ FT
ACRE
ALLOWABLE TEMP.
1337.19
0.0307
ALLOWABLE PERM-
351.90
0.0081
TOTAL
1689.09
0.0388
WETLAND "W27"
SQ FT
ACRE
ALLOWABLE TEMP.
242.01
0.0056
ALLOWABLE PERM.
44.02
0.0010
TOTAL
286.03
0.0066
WETLAND "W28"
SQ FT
ACRE
ALLOWABLE TEMP.
46.29
0,0011
ALLOWABLE PERM.
0
0
TOTAL
46.29
0.0011
WETLAND "W29"
SQ FT
ACRE
ALLOWABLE TEMP.
957.20
0.0220
ALLOWABLE PERM.
347.38
0.0080
TOTAL 1
1304.58
0.0299
+ hfM&C '=
8020 Tower Point Drive
Chadotle, Norlh Carolina 28227
Phone:[phone], Fax:[phone]
NC L,cen- F-1222
www mckimcreed cam
PERMANENT WETLAND W26 IMPACT .
AREA = 351.90 SF (0.0081 AC)
\\ TEMPORARY WETLAND W26 IMPACT
AREA = 186.91 SF (0.0043 AC)
BIG ROCKFISH CREEK WETLAND AND
STREAM IMPACTS
STREAM IMPACTS
STREAM "S10"
LENGTH II
WIDTH (LF)
S10 TEMP.
33.50
5.44
S10 PERM.
0
0
TOTAL
33.50
5.44
WETLAND W26 FLAG TABLE
FLAG #
NORTHING
EASTING
WF/WL26R-1
439244.00
1991922.65
WF/WL26R-2
439280.19
1991870.44
WF/WL26R-3
439310.62
1991869.26
WF/WL26R-4
439332.39
1991894.83
WF/WL26R-5
439324.09
1991943.68
WF/WL26R- 6-TT-1
439301.96
1991947.85
riJ4Ya3[-F')av3fx.�a >ll7iL7f..
WATER RESOURCES�EN®G VEERING
.. - •...... F.O. Cer 1009, F,prerllle, RC 20302
05501tl"I1m1ngl,,Roatl,Flyllleeille,RC 253D1
WETLAND W27 FLAG TABLE
FLAG #
NORTHING
EASTING
DP27 WET
439272.09
1991824.89
W27- 001
439282.33
1991828.21
W27-002
439241.54
1991815.30
W27-003 END
439222.88
1991818.39
W27-004
439188.35
1991809.32
W27-005
439152.82
1991821.20
WETLAND W28 FLAG TABLE
FLAG #
NORTHING
EASTING
W28-001
439 251.38
1991779.46
W28-002
439235.63
1991778.22
W28-003
439218.39
1991786.39
W28-004-TT-001
439 237.57
1991787.82
WETLAND W29 FLAG TABLE
FLAG #
NORTHING
EASTING
W 2 9 - 001
439 219.88
19 917 49.11
W29-002
439180.50
1991751.31
W29-003
439172.58
1991715.17
W29-004
439140.28
1991705.32
W29-005
439137.14
1991711.50
W29-006
439169.30
1991721.01
W29-007
439165.31
1991732.16
W29-008
439158.48
1991731.19
W29-009
439147.28
1991750.36
W29-010
439118.99
1991742.20
W 29 -011
439099.37
1991737.55
W29-012
439117.91
1991774.51
W29-013
439130.68
1991750.14
W29-014
439183.09
1991763.27
W29-015 TT 001
439166.77
1991740.71
50' 0 50' 100
SCALE: 1"=50' (Horiz.)
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W26, W27, W28, W29, S10
PROJ START DATE
0111312020
SCALE
'.1f'--.=21:- a
01f25A003
DRAWN
AWB
HORIZONTAL
10
DESIGNED
JJM
1"=50'
CHECKED
WOH
VERTICAL
0
PROJ MGR
BRL
TOD
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT. DWG 04/21/2020 13:18:43 ANDREW BRANCH

f
TEMPORARY WETLAND WC IMPACT
AREA = 86.96 SF (0.0020 AC)
4 PROPOSED
18" PVC
SEWER
WF/WC-
W` FjWC 7
n PROPOSED 36"
STEEL PIPE
INCASEMENT
WF�,Wc- 9
_ -.ENV /
I. r
PROPOSED
24" DIP
SEWER
1 �
WF/WC 6 -�
WF/WC-.3- o PERMANENT WETLAND WC IMPACT
WF/WC-2 } �� +WF/WC- AREA = 408.07 SF (0.0094 AC)
WF. L 1 # iWF/irVC 4 9 ��
i i '1 3 i
• WF/WC-12
J a
WETLAND
CONTINUES OFF
PROJECT SITE
PERMANENT WETLAND IMPACT
(BASED ON 10' PERMANENT
MAINTENANCE CORRIDOR)
C� TEMPORARY WETLAND IMPACT
j TEMPORARY STREAM IMPACT
I �
LDS LIMITS OF DISTURBANCE
TEMPORARY WETLAND WC IMPACT
-� AREA = 1362.24 SF (0.0313 AC)
BIG ROCKFISH CREEK OUTFALL WETLAND AND STREAM IMPACTS
WETLAND IMPACTS
WETLAND "WC"
SQ FT
ACRE
ALLOWABLE TEMP.
1449.20
0.0333
ALLOWABLE PERM.
408.07
0.0094
TOTAL
1857.27
0.0426
` ► WKIM&C RaD
8020 Tower Poinl Drive
Charlolle, Norlh Carolina 28227
Phone [phone], Fax:[phone]
NC Licensee F-1222
www mckimcreed com
50' 0 50' 100'
SCALE: 1 "=50' (Horiz.)
1-,%v rrX3r7I2I a• ox c
WATER RESOURCES ENGINEERING
"-• - - ��•• PA DIY 1009, Payellerllle, NE 20302
955 Old Wilmin9len Dead, Fayellerllle, NO 20301
WETLANn WC FI A(; TARI F
FLAG #
NORTHING
EASTING
WF/WC-1
440296.90
1989268.87
WF/WC-2
440261.28
1989279.44
WF/WC-3
440243.95
1989277.59
WF/WC-4
440214.11
1989252.78
WF/WC-5
440202.14
1989266.47
WF/WC-6
440190.70
1989294.90
WF/WC-7
440150.92
1989320.28
WF/WC-8
440125.89
1989329.13
WF/WC-9
440102.99
1989329.78
WF/WC-10
440096.20
1989316.14
WF/WC-1 1
440110.75
1989291.70
WF/WC-12
440153.07
1989269.45
BIG ROCKFISH CREEK OUTFALL
WETLAND & STRE�AM IMPACTS
W/'
PIN.' �TAQT
1XI1 001u,lDsv
SCALE
LGE PH01 f
DIa75
11
i"Hu
M1µ,a
HORIZONTAL
otyrlwu
!ly
TSD
C11eL.00p
woll
VERTICAL
PRC YOR
9DL
T8D
S iATuS
_
ISSUED FOR PERMIT
I:%UI V/bwuub\VVA I LK\BU-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT.DWG 04/21/2020 13:20:33 ANDREW BRANCH

WETLAND CONTINUES ---_PROPOSED WI-WB-37 FCOPS PERMANENT WETLAND WB IMPACT
OFF PROJECT SITE 18" PVC •'•`• LAEA = 39.52 SF (0.0009 AC)
TEMPORARY WETLAND WB IMPACT'-'-r'►"1'IE ♦'• •','.','WF-WB-43A-
r ► TEMPORARY WETLAND WB IMPACT
AREA = 8266.53 SF (0.1898 AC),','►',','►',',',','►'.',',',', WWB-36 AREA = 415.65 SF (0.0095 AC)
. ! 1 !' '.'•'.' 1�. JWFvyyg-35 PERMANENT WETLAND WB IMPACT
I'.1.1 E3-G.1-,, -
• • •�� ��-=-�_� AREA 45.92 SF (0.0011 AC) o
WF- WB
WF-WB-3• F'o.••f �$^�, �• �.; :�.-», - - _ �_ 4, WF-WBL48
-� ` �•-�-, --� PERMANENT WETLAND WB IMPACT
F r I. ... r . r ' l ... r ' + • AREA = 417.92 SF (0.0096 AC)
�s r r o p 1 r J� . , ♦•t
"'�V�IF°IB� .' •' . r r ♦ • �83' . ' f .Jb �.� F�� ° .'.' TEMPORARY WETLAND WB IMPACT
1 • F 1 • 1 r 1 r F 1L� AREA = 22.23 SF (0.0005 AC)
► • r . 1 ♦ r ! 1 • , • , ' ■ • • 1 ' • ! • a ♦ • • " !►�--tea • . e ♦ r ♦ ��
0 61
` •,r•r....♦♦r■►1♦. . ie♦•. •♦r ♦p♦.� _�. 1 r,. 1'.♦�IF'�W8'�44'. ♦• .`t•• . �, - �` WF-WB-49
11111 _ . . . . • . p .� P ' • . " . 1 . 1 ! . ! y� � Fj�'yl(BO-'•.
WFSO
- `WS: �o • ► r ♦ ♦ ► '� • r . r' W
iif j 1 1 ♦ • r /♦ I, r ,7i`vy��F ► 2 } •�p "I�.• F ,�, r ,�!'..'1'►'!r•'.'►. r. ■►/ •*'I
111 I 1 ° � �-�'� • � ... ► , l.,-�G'F� �,�1,.r , W� WC3� �! . r / . F . [�}' r � ` l
TEMPORARY WWETLAND WB IMPACT ' ' ♦ . f ; . \
ll L AREA = 2811.80 SF (0.0645 AC) ', �51};
• 4 , • . ♦ ! . . r r L.��ff'' . `WF-WB-52 •\ �''"---�
TEMPORARY WETLAND WB IMPACT '. ',' � ,
1 F
•
t ` AREA = 7656.19 SF (0.1758 AC) F ; • ♦ r • • ! WF-WB-61y`fl-, WA �
1 y ' a a r r r a • • �r�,.ILWE� W� � �n ' ► fr �` ► 1 • WF-WB-64
PERMANENT WETLAND WB IMPACT ' •' • •WF-WB-f
AREA = 4149.76 SF (0.0953 AC) ' . ' • . ► . ' ♦ r ' 1 , ' .
'WETLAND WF-WB-52A ' •' ,' ! �MF�1IB2� • / • ♦ . ■ WF-WB-65
f CONTINUES OFF ! • . • , ►
PROJECT SITE
•
PERMANENT
WETLAND IMPACT
(BASED ON
10' PERMANENT
MAINTENANCE CORRIDOR)
TEMPORARY
WETLAND IMPACT
<<,••;�H1CAR4+''•�,
:Q4
TEMPORARY
STREAM IMPACT
=_
L_ -j
w�
LIMITS OF DISTURBANCE
_
••'•�N cam.-
4'� r.Awe.-, .�
®
SILT FENCE
OUTLET~Z�
BIG ROCKFISH CREEK OUTFALL WETLAND AND STREAM IMPACTS
WETLAND IMPACTS
WETLAND "WB"
SQ FT
ACRE
ALLOWABLE TEMP.
19172.40
0.4401
ALLOWABLE PERM.
4653.12
0,1068
TOTAL
23825.52
0.5470
t�NFM&�
8020 Tawer Point Dnve
Charlolle, North Carolina 28227
Phone:(704)B41-25BB, Fax [phone]
NC Li-- F-1222
www mckimcread com
100' 0 100' 200'
Iw■■■■
SCALE: 1 "=100' (Horiz.)
.IA.Yali'>tYIi3B •aa xra v.
N•dl10 •�d0�.7
WATER RESOURCES ENGINEERING
"••• - •- ..... '.•••.•.• P.0-5e. 1009, Fayelluille, NC ZB302
955 Did WIImi.91e0 Read, Fe2elIMN., NC 28301
WETLAND
WB FLAG TABLE
FLAG #
NORTHING
EASTING
WF-WB-1
441962.51
1989826.17
WF-WB-2
441932.44
1989794.08
WF-WB-3
441916.56
1989774.20
WF-WB-4
441897.54
1989763.99
WF-WB-5
441875.93
1989730.23
WF-WB-31
441442.36
1989715.05
WF-WB-32
441470.85
1989734.94
WF-WB-33
441506.52
1989764.31
WF-WB-34
441503.08
1989804.85
WF-WB-35
441490.16
1989837.46
WF-WB-36
441483.04
1989878.77
WF-WB-37 FCOPS
441490.32
1989931.48
WF-WB-41-7T-31
441426.63
1989722.09
WF-WB-42
441415.23
1989736.91
WF-WB-43
441404.87
1989762.44
WF-WB-43A
441384.98
1989800.53
WF-WB-44
441361.64
1989768.43
WF-WB-45
441312.08
1989739.10
WF-WB-46
441271.72
1989764.51
WF-WB-47
441207.91
1989794.25
WF-WB-48
441159.73
1989765.61
WF-WB-49
441113.12
1989733.61
WF-WB-50
441112.83
1989702.96
WF-WB- 51
441117.63
1989 602.09
WF-WB-52
441128.64
1989571.60
WF-WB-52A
441140.06
1989492.44
WF-WB-52B
441102.61
1989496.71
WF-WB-60
441059.11
1989506.05
W F-WB- 61
441009.17
1989555.61
WF-WB-62
440973.53
1989542.00
WF-WB-63
440935.89
1989511.84
WF-WB-64
440890.45
1989493.73
WF-WB-65
440861.98
1989445.27
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
WB
'•+RD: _!ARI I.+.'. is
0ul112¢xo
SCALE
I,x[ raw .
.If25m�¢5
A
7F A1,n
AWS
HORIZONTAL
1
Of ::K•'IF.n
mp
TBD
C.,EC+fF .^
WON
VERTICAL
0
1.40. I:;a
H-L
Tan
ISSUED FOR PERMl7
1.1U I acOwuUDlVVM I r-K1aU-UKAVVINUb\bb-UESICiN\WETLAND IMPACT,,01925-0005 WETLAND IMPACT DWG 04/21/2020 13:21:50 ANDREW BRANCH

ml
r'�WN 99
TEMPORARY WETLAND W1 IMPACT
AREA = 5729.01 SF (0.1315 AC)
vyl
0.:................: W1-102
TEMPORARY WETLAND W1 IMPACT
AREA = 304.31 SF (0.0070 AC)
PROPOSED
12" PVC \Ni-109
SEWER
W1-112
W1-113 --TEMPORARY WETLAND W1 IMPACT
AREA = 480.56 SF (0.0110 AC)
p
W1-111
_ PERMANENT WETLAND W1 IMPACT
H- `— AREA = 847.34 SF (0.0195 AC)
..9W1-1 f--`-:�
.. W1-114
a...aaa..,a
W1-115 r
��u3 :d95.....:::. • ; :::y, --,—� P'.•. _ �s 1 i o•
f/�.. Wl! 108..
JI ` PROPOSED
r r• a a a •- �r.a'- `.Hrf"�y � xT . a a. a • e �
18" P VQ'
�' a .'�=-�� ''•-.. .. .. SEWE
r'A-093
rC)92
I
WETLAND
CONTINUES OFF
PROJECT SITE
�. ..a.a......•............. •• `�
. a :.. ....... W1-11es-
PROPOSED
18" PVC
SEWER
TEMPORARY WETLAND W1 IMPACT
AREA = 1878.16 SF (0.0431 AC)
TEMPORARY WETLAND W1 IMPACT
AREA = 6358.52 SF (0.1460 AC)
PERMANENT WETLAND W1 IMPACT
AREA = 3185.62 SF (0.0731 AC)
PERMANENT WETLAND IMPACT
(BASED ON 10' PERMANENT
MAINTENANCE CORRIDOR)
F TEMPORARY WETLAND IMPACT
F-7 L TEMPORARY STREAM IMPACT
L� LIMITS OF DISTURBANCE
TEMPORARY WETLAND W1 IMPACT
AREA = 1506.86 SF (0.0346 AC)
+-1W1-128
W1-118
0/1-1J • .IN�n
W1-120 � � W1T] �T�
W1-121�N
W1-124 1-122 •�
,--- W1-126
` WW1-131
���;�+ W1-12
4W1-130
. I — . . . . . . . . . . . XN�
TEMPORARY WETLAND W1 IMPACT a
AREA = 1321.82 SF (0.0159 AC) ..
W1-132
..
PERMANENT WETLAND W1 IMPACT
AREA = 692.47 SF (0.0159 AC) •'� ` n`1-33
-� _W1-134
IVl�KIl1�I��REED
8020 Tower P.ml Drive
Charlolle, Nodh Carolina 28227
Phone (704)B41-2588, F2x:[phone]
NC Licensetl F-1222
w— mckimcreed,com
NOTE:
SEE SHEET 16 FOR WETLAND "W1"
FLAG POINTS AND TOTAL IMPACTS
100' 0 100' 200'
SCALE: 1"=100' (Horiz.)
T•AYE776Yiiig v ;Jmx. •
R�Oq>m C"'---
WATER RESOURCES ENGINEERING
• •.^�� . 1.'. "1 1111. Flyll(..11le, NC 20302
055 Cld wllm nB ' RIM. F.Y.Ile.11le, NC 28201
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W1 (SHEET 1 OF 4)
■,1111ff
11FI"
■■qYA CAF?n ..
F o =
Q
r •�
O. H►►�',
�l�lll, l+++■
y—)11' oJ-0
PROJ START DATE
0111312020
SCALE
MCE PROJ N
010254005
PRAWN
AWB
HORIZONTAL
1 3
DESIGNED
JJM
TBD
CHECKED
WOH
VERTICAL
0
PROJ MGR
BRL
TBD
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT -DWG 04/21/2020 13:22:28 ANDREW BRANCH

WETLAND W1 FLAG TABLE
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
FLAG #
NORTHING
EASTING
W1-001
445704.18
1987201.54
W1-021
444920.22
1987318.42
W1-041
444152.47
1987846.39
W1-061
443435.70
1987701.89
W1-081
442950.65
1988106.52
W1-101
443166.94
1988964.95
W1-121
442573.95
1989164.19
W1-002
445674.32
1987243.14
W1-022
444837.85
1987327.18
W1-042
444141.13
1987879.05
W1-062
443410.08
1987699.41
W1-082
442986.97
1988126.99
W1-102
443132.00
1988969.89
W1-122
442538.52
1989191.56
W1-003
445633.85
1987269.40
W1-023
444785.66
1987354.71
W1-043
1 444136.22
1987890.17
W1-063
443382.38
1987717.55
W1-083
443017.48
1988144.74
W1-103
443098.07
1988976.37
W1-123
442481.80
1989219.08
W1-004
445609.43
1987295.70
W1-024
444743.02
1987353.87
W1-044
444149.11
1987919.87
W1-064
443367.79
1987738.94
W1-084
443039.11
1988177.68
W1-104
443040.46
1988986.44
W1-124
442484.48
1989232.80
W1-005
445584.42
1987343.51
W1-025
444707.50
1987398.87
W1-045
444184.11
1987932.55
W1-065
443344.27
1987769.62
W1-085
443029.72
1988228.58
W1-105
442962.38
1988994.83
W1-125
442463.62
1989248.09
W1-006
445549.41
1987338.37
W1-026
444706.67
1987432.28
W1-046
444212.36
1987954.30
W1-066
443322.48
1987790.98
W1-086
443029.45
1988271.24
W1-106
442941.29
1989043.82
W1-126
442450.14
1989281.24
W1-007
445514.06
1987347.61
W1-027
444651.85
1987474.21
W1-047
444230.70
1987963.54
W1-067
443281.80
1987802.36
W1-087
443047.07
1988295.43
W1-107
442915.19
1989090.86
W1-127
442478.98
1989322.27
W1-008
445473.27
1987334.59
W1-028
444601.47
1987513.01
W1-048
444229.10
1987994.02
W1-068
443261.40
1987776.12
W1-088
443076.74
1988325.21
W1-108
442878.86
1989140.29
W1-128
442506.11
1989354.83
W1-009
445412.72
1987352.03
W1-029
444560.94
1987553.33
W1-049
444185.70
1987976.37
W1-069
443244.43
1987779.48
W1-089
443103.00
1988343.15
W1-109
442874.81
1989220.50
W1-129
442347.73
1989378.12
W1-010
445346.19
1987346.53
W1-030
444493.60
1987609.09
W1-050
444142.28
1987953.32
W1-070
443222.06
1987799.16
W1-090
443148.45
1988415.56
W1-110
442878.24
1989254.51
W1-130
442355.66
1989335.92
W11011
445315.90
1987360.07
W1-031
444482.14
1987685.49
W1-051
444091.35
1987918.85
W1-071
443183.86
1987786.29
W1-091
443166.42
1988467.70
W1-11 1
442849.98
1989249.28
W1-131
442378.82
1989326.08
W1-012
445263.70
1987380.60
W1-032
444444.11
1987732.98
W1-052
444033.38
1987899.23
W1-072
443135.50
1987812.48
W1-092
443140.00
1988535.75
W1-112
442871.05
1989281.60
W1-132
442383.55
1989288.06
W1-013
445228.39
1987394.25
W1-033
444454.57
1987812.53
W1-053
443958.84
1987852.39
W1-073
443082.92
1987863.66
W1-093
443127.85
1988588.14
W1-113
442854.31
1989284.98
W1-133
442391,95
1989266.07
W1-014
445183.58
1987400.75
W1-034
444391.11
1987876.72
W1-054
443880.59
1987824.02
W1-074
443042.62
1987910.50
W1-094
443148.79
1988653.74
W1-1 14
44281 1.97
1989264.54
W 1-134
442386.94
1989236.15
W1-015
445176.28
1987386.94
W1-035
444338.40
1987860.72
W1-055
443858.63
1987812.58
W1-075
443023.56
1987956.87
W1-095
443179.01
1988694.32
W1-115
442807.37
1989244.84
W1-016
445122.35
1987376.44
W1-036
444298.32
1987831.29
W1-056
443763.71
1987786.94
W1-076
443003.92
1987989.30
W1-096
443210.00
1988730.10
W1-1 16
442798.26
1989223.84
W1-017
445090.47
1987363.07
W1-037
444252.07
1987811.01
W1-057
443700.84
1987808.07
W1-077
442990.67
1988008.76
W1-097
443261.72
1988753.50
W1-117
442775.88
1989222.09
W1-018
445037.91
1987384.99
W1-038
444226.62
1987812.45
W1-058
443621.04
1987752.15
W1-078
442988.37
1988025.09
W1-098
443279.15
1988796.54
W1-1 18
442731.68
1989207.89
W1-019
445015.36
1987366.03
W1-039
444179.77
1987820.97
W1-059
443526.70
1987728.96
W1-079
442964.26
1988043.34
W1-99
443271.52
1988974.35
W1-119
442707.28
1989182.50
W1-020
444985.47
1987333.42
W1-040
444152.13
1 1987838.35
W1 -060
443462.01
1 1987711.53
1 W1-080
442941.48
1988071.38
W1-100
443238.46
1988988.83
W1-120
442675.51
1989164.32
BIG ROCKFISH CREEK OUTFALL WETLAND
AND STREAM IMPACTS
WETLAND IMPACTS
WETLAND "W1"
SQ FT
ACRE
ALLOWABLE TEMP.
27671.86
0,6353
ALLOWABLE PERM.
7489.41
0.1719
TOTAL
35161.27
0.8072
4� � V 1�LL 7.LLl�
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone:(704)B41-25BB, Fax:(704)B41-2567
NC Lice - F-1222
W W W mckimcreed cony
rwvj X-z1j1vF-.L.H FILYJILac
.j=j%=WATER R SOURCES ENGEERING
.......,,.. w w.......H.n,... F.O.9or 1099, Fay al In Ift, 9C 28302
955 Did Wiftrmff on Read, F.p lavlka, MC 20301
BIG ROCKFISH CREEK OUTFALL
WETLAND & STREAM IMPACTS
W1 (SHEET 4 OF 4)
+,, 1111 I111//�I
+++ N �'AR0 'r•,f
11 0 FrGSStb j;C!'R'9
Q "YC
•'FNi3 lA1E�• �,'Z'
• �T `,ti.
&,w>0
PROJ START DATE 0111012020
SCALE
r PROJ a
,is25
PRAWN
AWB
AW
HORIZONTAL
16
DESIGNED
JJM
TBD
CHECKED
WON
VERTICAL
O
PROJ MGR
BRL
TBD
STgTUS
---
ISSUED FOR PERMIT
I:\01925\0005\WATER\80-DRAWINGS\86-DESIGN\WETLAND IMPACT\01925-0005 WETLAND IMPACT.DWG 04/21/2020 13:25:03 ANDREW BRANCH

Rockfish Creek - PCN Impact Tables
2. Wetland Impacts
Wetland ID
I Impact
Number
I Impact Type
I Type of Wetland
I Forested?
I Type of
Jurisdiction
(Acres of
Impact
Section
W2
W17
P
Land Clearing/Conversion
Forested - Palustrine
YES
CORPS
0.4976
BFRC
W2
W2
T
Land Clearing/Conversion
Forested - Palustrine
YES
CORPS
1.8823
BFRC
W18
W2
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.458
BFRC
W18
W18
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.2258
BFRC
W26
W26
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0081
BFRC
W26
W26
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0307
BFRC
W27
W27
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.001
BFRC
W27
W27
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0056
BFRC
W28
W28
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0
BFRC
W28
W28
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0011
BFRC
W29
W29
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.008
BFRC
W29
W29
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.022
BFRC
WC
WC
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0094
BFRC
WC
WC
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.0333
BFRC
WB
WB
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.1068
BFRC
WB
WB
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.4401
BFRC
W1
W1
P
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.035
BFRC
W1
W1
T
Temporary Clearing
Forested-Palustrine
YES
CORPS
0.126
BFRC
Temporary impacts=
installing the sewerline
Temporary Impacts:
2.76691
Permanent Impacts =
10' wide maintenance
corridor/gravel access
Permanent Impacts:
1
3. Stream Impacts
Stream ID
Impact Type
Stream Name
Perennial or
Type of
Average
Impact Length
Section
7pactr
Intermittent?
Jurisdiction
Width (ft)
(LF)
S8 Site 8 T Construction Corridor UT of Rockfish Creek Perennial CORPS & DWR 16.77 64.67 UT of Rockfish Creek
S9 Site 9 NA UT of Rockfish Creek Intermittent CORPS & DWR 0 0 UT of Rockfish Creek
S10 Site 10 T Construction Corridor UT of Rockfish Creek Intermittent CORPS & DWR 5.44 33.5 UT of Rockfish Creek
Temporary Impacts: 98.17

Temporary and
Permanent Seeding Specs
North Carolina Department of
Environmental Quality
Division of Energy, Mineral and
Land Resources
The Land Resources Section

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Practice Standards and Specifications
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6.11.18 Rev. 5/08

Practice Standards and Specifications
Table 6.11.d
Seed Mixes for Native Species (Ibs/ac)
When Mixed with 3, 4, or 5 Other Native Species
(See Table 6.11.a for nurse crop species to be added to these mixes)
3 Other
(total 4 species)
4 Other
(total 5 species)
5 Other
(total 6 species)
Switch Grasses (A)
3.5 lbs.
3.0 lbs.
2.5 lbs.
Indian Grasses (B)
7.0 lbs.
6.0 lbs.
5.0 lbs.
Deertongue (C)
6.0 lbs.
5.0 lbs.
4.0 lbs.
Big Bluestem (D)
7.0 lbs.
6.0 lbs.
5.0 lbs.
Little Bluestem (E)
7.0 lbs.
6.0 lbs.
5.0 lbs.
Sweet Woodreed (F)
2.5 lbs.
2.0 lbs.
1.5 lbs.
Rice Cutgrass (G)
6.0 lbs.
5.0 lbs.
4.0 lbs.
Indian Woodoats (H)
2.5 lbs.
2.0 lbs.
1.5 lbs.
Virginia Wild Rye (1)
6.0 lbs.
5.0 lbs.
4.0 lbs.
Eastern Bottlebrush Grass (J)
2.5 lbs.
2.0 lbs.
1.5 lbs.
Soft Rush (K)
2.5 lbs.
2.0 lbs.
1.5 lbs.
Sedges (L)
2.5 lbs.
2.0 lbs.
1.5 lbs.
NOTE:
With the native varieties, the seed mix should be in the range of 15 pounds per acre.
Depending on availability of native seeds adaptable to North Carolina, the percentage
of a particular variety used may be reduced or increased accordingly. Although
diversity is desirable, it is imperative that the primary crop develop and become an
effective protective cover. In addition to the native species mix, additional nurse crop
species must be included to provide immediate stabilization and an adequate ground cover.
Rev. 5/08 6.11.19

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Joseph Glass
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302
\�FQUnM`n W/
NORTH CAROLINA
Environmental Quality
May 26, 2020
Expiration of Acceptance: 11/26/2020
Project: Big Rockfish Creek Outfall County: Cumberland
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and bank credit
availability and may exceed the impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030004
Riparian Wetland
Up to 1.79
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
cc: Alex Aycrigg, agent
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
e_��D NORTH CAROUNA - Qw�
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

HOLDINGS0
Riparian Wetland Credit Statement of Availability
Cape Fear 04 Watershed
May 21, 2020
Mr. Joseph E. Glass
PO Box 1089
Fayetteville, NC 28302
RE: Availability of Stream and Riparian Wetland Credits for the "Big Rockfish Creek Outfall" project
Bank Name: Daniels Creek Umbrella Mitigation Bank
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID No. SAW-2017-00998
Permittee: Mr. Joseph E. Glass
Riparian Wetland Credits Needed: 1.79 acres
Riparian Wetland Credits Available: 1.16 acres
Cape Fear 03030004 River Basin
Dear Mr. Glass,
Wildlands Holdings IV, LLC currently has sufficient Riparian Wetland credits from the Daniels Creek
Umbrella Mitigation Bank to partially satisfy the mitigation requirements related to the above -
mentioned project. The project is located within the Cape Fear HUC 03030004 watershed.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form
within the 404 permit approving the mitigation purchase from the Bank and upon receipt of your
payment to Wildlands Holdings IV, LLC.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
205-807-0800 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203

HOLDINGS0
Sincerely,
Ian M. Hazelhoff
Wildlands Engineering, Inc.
Land Acquisition
[e-mail]
0: [phone] ex. 120
M: [phone]
Cc : Ms. Katie Merritt, NC Division of Water Resources (bi-annually)
Mr. Alex Aycrigg, PWS, Froehling & Robertson, Inc.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203

pP4MQNr OC J�P United States Department of the Interior
W a
o m
a FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
yggcH 3 0,9 Post Office Box 33726
Raleigh, North Carolina 27636-3726
February 16, 2018
Ward Marotti
WK Dickson & Co., Inc.
616 Colonnade Drive
Charlotte, NC 28205
Re: Fayetteville PWC — Big Rockfish & Stewart's Creek Outfall — Cumberland County, NC
Dear Mr. Marotti:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
httos://www.fws.gov/raleigh/oo.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC website contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
2

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
Pete njamin
Field Supervisor

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0134513
Project Name: 59Y-0128-0001
".41 &WILDCUM
XEF4' 1r 6
September 28, 2023
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 final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The 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.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that 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. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed 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

09/28/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
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. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https: //www.fws. gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.

09/28/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
■ Migratory Birds
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:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

09/28/2023
4
PROJECT SUMMARY
Project Code: 2023-0134513
Project Name: 59Y 0128-0001
Project Type: Distribution Line - New Construction - Below Ground
Project Description: The proposed project is "Contract 2" (Phase 2) of the installation of a new
gravity outfall consisting of approximately 22,900 linear feet (LF) of 24"
sewer pipe and 10,850 LF of 18" sewer pipe to serve areas annexed by the
City of Fayetteville
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/034.9645634,-79.03575197979808,14z
Counties: Cumberland and Hoke counties, North Carolina

09/28/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 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.
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
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened)
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743

09/28/2023
FLOWERING PLANTS
NAME
STATUS
American Chaffseed Schwalbea americana
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Pondberry Lindera melissi folia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

09/28/2023
There are bald and/or golden eagles in your project area.
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.
NAME BREEDING 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.
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES
JAN FEB
MAR APR MAY JUN JUL
AUG SEP OCT NOV DEC
Bald Eagle
Non -Br
�W6 +
J111 1111JillJill11JI
+--- JillJill JillJill
AM=
ble

09/28/2023 8
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librur /
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.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagle s-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Actt 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)
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
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
hqps:Hecos.fws.gov/ecp/species/9587
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.
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA

09/28/2023
R1
BREEDING
NAME SEASON
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.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.

09/28/2023 10
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Amer-BCRBCRestrel +++ +++. ++++ ■r l --- -�-+ +­+
Bald Eagl
Non-BCCe Jill Jill Jill 11114—A
Vulnerable III loll Irlm IN
Brown -headed Nuthatch 11111111111111111111 mill 1_11 mill 11111111-11-
+++
BCC - BCR ---- ---- ----
Chimney Swift ++++ ++++ +�++ +++, +'1' "' ■'■l 1111-4--1--l-, + ----BCC Rangewide + + + + +++
(CON) ■�
Eastern Whip -poor -
Will+++ +++. ++++ ++++
BCC Rangewide
(CON)
Prairie Warbler BCC Rangewide + —++ +++. ++++ ++++
(CON)
11111111 gill NU-4
Red-headed R� ���� ���� ��
Woodpecker ++++ +*++ ++++ ++," ++ +++' ,+,+ 1 114-A.......... '++
BCC Rangewide -
(CON)
Rusty Blackbird ++++ ++++ ++,+ ++++ ++++ ++++ ++++ ++++ ++++ ++++ --'� +++
BCC -BCR
Wood Thrush Eli fill
gill Jill
BCC Rangewide —+++ +++. ++++ ++++,+
(CON)
Additional information can be found using the following links:
■ Eagle Management https://www.fws.gov/program/eagle-management
■ 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.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/suDDlemental-information-migratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
prof ect-action

09/28/2023
11
IPAC USER CONTACT INFORMATION
Agency:
Fayetteville city
Name:
Erin Binkley
Address:
310 Hubert Street
City:
Raleigh
State:
NC
Zip:
27511
Email
[e-mail]
Phone:
3303960435

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
Environmental Review Comments
Engineering Report for the
Big Rockfish Creek Sanitary Sewer Outfall and Lift Stations Elimination
Fayetteville, NC
Project No.: CS370434-15&16
April 2, 2020
A. General Comments:
1. Engineering Reports not approved by May 1, 2020 will lose assurance of funding
and must reapply for funding.
Acknowledged.
2. Provide a response to all comments on a "Comment for Comment" basis. You
can include this as an Appendix in the Revised Engineering Report.
This comment for comment response has been prepared and included as an
Appendix to the Revised Engineering Report.
3. Submit four (4) hardcopies and two (2) digital (on CD, DVD, or Flash Drive)
copy of the revised report incorporating all changes.
The requested copies of the report incorporating all changes are being submitted
with this response to comment letter.
4. Since the ER consists of both the Lift Stations Elimination (CS370434-15) and Big
Rockfish Creek Outfall (CS370434-16), will the two be combined or separated
during design and biding? Please advise.
At this time, the intention is to design and bid the work as five separate
contracts, as noted on the detailed cost estimates included in Appendix F
(referenced in the response to Comment 8 below). They are included in one ER-
EID due to the interrelation between the projects (i.e., the Lift Station
Elimination likely cannot proceed without the approval of the Outfall as there
will be no location to discharge the local sewers to by gravity without the
proposed outfall) and the geographic proximity.
B. Technical Comments:
5. ER Submittal Checklist: The authorized representative is shown to be Mrs.
Manning, but the authorized representative in the funding application is Mr.

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
David Trego, CEO/General Manager. Note that the authorized representative
will be signing the loan paperwork for this project. Please verify.
The authorized representative for the ER Submittal Checklist has been
changed to Mr. David Trego.
6. Figures ES.2, 2.2, 2.4, & 2.5: Please identify Areas 34 and 32 (proposed 12-inch
and 16-inch gravity sewers) as future projects and not included in this project.
Also, these figures do not clearly show all the components of the proposed
project. For example, 8-inch and 12-inch gravity sewers that replace the six (6)
lift station are not shown in these figures. Please revise accordingly with clear
labeling of each component of the project.
The referenced figures have been updated to show Areas 34 and 32 as future
projects. Callouts for the proposed gravity sewer to replace the lift stations
has been added to figures ES.2, 2.2, and 2.4, as well. Due to the scale and
amount of basin labels on Figure 2.5, we believe the additional information
will make Figure 2.5 largely unreadable without adding commensurate
clarity. We request that Figure 2.5 be allowed to stay as is.
7. Sections 3.2.1 through Section 3.2.3: Provide preliminary outfall sizing
calculations for the proposed 18-inch and 24-inch Big Rockfish Creek Outfall. It
is unclear if the PWC traffic analysis zone (TAZ)-based flow projection method
was used by CDM Smith to come up with projected flows and downstream
analysis. DWI has no knowledge of the TAZ-based method and is not according
to our Engineering Report (ER/EID) guidance. Please follow our guidance
document regarding population and flow projections.
See Section 2.2.4 and Section 3.0 of the following document.
https://files.nc.gov/ncdeq/WI/Planning/2015 ER-
EID Guidance_ Collection_ System_FINAL.pdf
Also you can download the following Excel workbook:
Wastewater Treatment Workbook (updated 06/11/15)
Update Sections 3.2.1 through Section 3.2.3 based on the preliminary size
calculations. (Note Section 3.2.2 is missing from the ER)
It is our understanding that alternate methodologies are allowed for Major
ERs/EIDs as long as the methodology is explained. As such, we would like
to provide a further explanation of the TAZ methodology to encourage
further review of the process used to determine population and flow
projections for this project. This methodology has been used in previous
ER/EIDs approved by the state within the last year.

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
For the TAZ analysis, the latest census data was overlayed on top of the
Cumberland County parcel data to derive a base year residential population
for each sewershed. The residential population increase for each planning
period is based on TAZ data in Population and Economic Study for the
Fayetteville Urbanized Area and Cumberland County: 2000 — 2030, prepared
by Cumberland County. For each planning period, the increase in population
for each sewershed was calculated by applying a percent annual growth. The
percent annual growth for the sewershed was determined by the location of
the sewershed relative to the six Cumberland County Planning Districts
identified in the above study that make up the eastern side of Cumberland
County.
This residential population increase was converted to a number of new
households by dividing by a factor of 2.53 persons per household, which was
also obtained in the above report. Next, any households expected to be
annexed during the planning period were added to obtain the total increased
number of households. All new and annexed households were assumed to be
connected to the public sewer.
PWC multiplied the residential population increase by a flow factor of 190
gallons per residence per day to obtain the increase inflow for the planning
period. The flow factor of 190 gallons per residence per day was obtained
from historic billing data and equates roughly to a per -capita wastewater
generation rate of 70 gallons/person/day. This rate is about 15 to 25 percent
higher than calibrated values used in other areas, per CDM Smith.
8. Table 5.2.1, Capital Cost: Lump sum costs are provided for both the Big Rockfish
Creek Outfall and six (6) lift stations elimination. Please revise this table to
include break down of line items or provide a separate updated Cost Opinion
with breakdown of all items in the proposed project.
Detailed cost estimates are provided in the new Appendix F attached to the
revised Engineering Report.
9. Table 8.2: The second loan of $6,255,105 is at 0% interest, not 1.89%. Please
correct.
Table 8.2 has been updated to reflect the second loan is at 0% interest.
10. Table 8.3: The second loan of $6,255,105 is at 0% interest, therefore, the Year 1
interest payment is $0.00. Please correct.
Tables 8.3 through 8.6 have been updated to reflect the second loan is at 0%
interest.

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
11. Appendix: Some supporting documents of the ER (for example a letter from WK
Dickson to State Environmental Review Clearinghouse dated August 27, 2019)
indicate that the new area to be annexed, Areas 32 and 34 will be served by the
Big Rockfish Creek and Stewart's Creek outfalls. Please clarify if and how the
Stewart Creek Outfall is related to the Rockfish Creek Outfall.
Stewart"s Creek runs generally from the north to the south along the western
edge of the proposed project boundary and discharges into Lake Upchurch.
Lake Upchurch is a man-made impoundment of the Rockfish Creek, which
runs eastward along the southern edge of the proposed project boundary. At
one time, the proposed outfalls were designated Stewart's Creek Outfall,
paralleling Stewart"s Creek, and Big Rockfish Creek Outfall, paralleling
Rockfish Creek. Both segments are now referred to as the Big Rockfish Creek
Outfall. The limits of the Big Rockfish Creek Outfall are from GolfUiew
Drive to King Road. The Stewarts Creek Outfall will continue from King
Road to Gillis Hill Road and will collect wastewater flow from
Annexation Areas 32 and 34 that are generally bounded by King Road,
Stoney Point Road, Gillis Hill Road Stewarts Creek, which forms the
boundary of Hoke and Cumberland Counties.
C. Environmental Comments
1. Section 7.6 Wetlands and Streams:
a. Section 7.6.2 discusses possible impacts related to future
development. Discuss associated mitigation such as any local
development ordinances in place designed to protect wetlands and
streams as development occurs.
Cumberland County and the City of Fayetteville have development
ordinances in place designed to protect perennial streams (Section 31A-23 of
Cumberland County Code of Ordinances and City of Fayetteville Part H
Section 29-64: Buffer Areas Required). Both ordinances state that a minimum
one hundred foot vegetative buffer is required for all new development
activities that exceed a low density option; otherwise, a minimum thirty-
foot vegetative buffer for development activities is required along all
perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000
(7.5 minute) scale topographic maps or as determined by local government
studies. This includes Stewarts Creek and Big Rock Fish Creek. No new
development is allowed in the buffer except for water dependent structures,
other structures such as flag poles and security lights which result in only
diminutive increases in impervious area and public projects such as road

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
crossings and greenways where no practical alternative exists. These
activities should minimize built -upon surface area, direct runoff away from
the surface waters and maximize the utilization of stormwater Best
Management Practices.
Additionally, the Cumberland County Code Section 12-10 and the City of
Fayetteville Article II section 23-15 also protects the quality of discharges to
waters of the state by prohibiting non-stormwater discharges to the
municipal separate storm sewer system; removing illicit connections to the
municipal separate storm sewer system; prohibiting improper disposal of
substances into the municipal separate storm sewer system; and permitting
the inspection, sampling, and monitoring for pollutants such as those
associated with illicit connections; improper disposal; activities on
industrial, commercial and related facilities; and the application of
pesticides, herbicides, and fertilizers.
b. Figures 7.6a, 7.6b, and 7.6c: Please add stream names to these figures.
Stream names have been added to the above -mentioned figures. See revised
EID attached.
2. Section 7.7 Water Resources: The Existing Conditions section must include a
discussion of groundwater resources. As indicated in Section 7.4.7.1 of the guidance,
the discussion should include the use, quantity, quality, depth, and recharge of
groundwater resources in the project area; identify the primary aquifer(s) in the
project area; discuss any capacity use areas in the project area; and identify the
primary source(s) for drinking water in the project area.
The primary aquifers within the project corridor include the Surficial, Black
Creek and Upper Cape Fear aquifers. As mentioned in Section 7.1.1 the Black
Creek Formation and surficial deposits are the principal potable
groundwater aquifers in the region. Groundwater levels within the project
area range between 100 ft and 120 ft above mean sea level. Typically, wells
within the project corridor report an estimated depth to water at 10 feet.
The groundwater recharge rate is approximately 600,000 gpolsq. mile for the
entire project area.
The Surficial Aquifer is widely used throughout the State for individual
home wells. The surficial aquifer is the shallowest and most susceptible to
contamination from septic tank systems and other pollution sources.

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
Commonly, large diameter wells (up to 3 feet in diameter) are drilled up to 60
feet deep to store large quantities of water in the well casing. The surficial
aquifer is also very sensitive to variations in rainfall amounts. Typically,
they are the first to dry -up in a drought. Wells typically yield 25-200 gallons
per minute.
The Black Creek Aquifer is present in the central and southwestern portions
of the coastal plain at elevations of 318 to -1483 feet, averaging -138 feet. The
Black Creek aquifer ranges from 17 to 448 feet thick and averages 148 feet
thick. The aquifer is composed of very fine to fine "salt and pepper" sands.
Wells typically yield 200-400 gallons per minute.
The Upper Cape Fear Aquifer is present in the western portions of the coastal
plain at elevation of 295 to -2401 feet, averaging -321 feet. The Upper Cape
Fear aquifer ranges from 8 to 728 feet thick and averages 166 feet thick. The
aquifer is composed of very fine to coarse sands and occasional gravels.
Wells in the project area typically yield 200-400 gallons per minute.
Most of the project corridor is not serviced by public drinking water. PWC
currently provides drinking water service to the 6 neighborhood lift station
areas. Public drinking water within these areas of the project corridor are
provided by surface water sources. Drinking water in Cumberland County
comes from either the Cape Fear River or the Glenville Lake Aquifer. All
water treated at P.O. Hoffer Water Treatment Plant treats the water from
the Cape Fear River. All water treated at the Glenville lake Facility comes
from the Cape Fear River, Big Cross Creek and the Little Cross Creek
watershed which contains 4 bodies of water used for water storage; Bonnie
Doone Lake, Kornbow Lake, Mintz Pond and Glenville Lake.
Aqua North Carolina also serves a portion of the project corridor within the
Lake Upchurch area including the Mill Creek Farms subdivision, which
includes Lakeview Drive, and Mariners Landing, which includes Mariners
Landing Drive. Aqua NC utilizes two deep wells, pneumatic tanks, and a
distribution system, which does not support fire protection to provide
potable water service.
3. Section 7.9 Shellfish, Fish, and their Habitats: Subsection 7.9.2 discusses many
recommendations from U.S. Fish and Wildlife Service (USFWS). The text should
clarify which of these the PWC intends to implement.
As USFWS recommended, erosion control measures will be implemented to
avoid adverse impacts to aquatic species. These measures include installing

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
silt fence, rock check dams, silt sack inlet protection, concrete washouts and
temporary gravel construction entrances. Erosion and sedimentation
controls will be installed and maintained between the construction site and
nearby down -gradient surface waters. An erosion and sedimentation control
plan will be submitted to the NC Land Quality Section for approval of a
NPDES Stormwater prior to construction.
As recommended by USFWS and NCWRC, natural vegetated buffers on all
streams and creeks adjacent to the project site will protected to the
maximum extent practicable. Locations of the proposed outfall alignment
and permanent easements have been selected in effort to maintain a
maximum buffer of 100 ft in most areas adjacent to perennial streams where
practicable. The minimum buffer along Big Rock Fish Creek is 50 ft. The
minimum buffer along Stewarts Creek is 75 ft. Additionally, most stream
crossings are perpendicular to intermittent and perennial streams to
minimize buffer disturbance. Reasonable care will be taken during
construction to avoid damage to vegetation not located in the easements.
Trees that are not selected for removal within the proposed alignment and
trees located outside of the project boundary will be protected from un-
necessary cutting, breaking or skinning of roots; skinning and bruising of
bark; smothering of trees by stockpiling construction materials or excavated
material within the drip line; excessive foot and vehicular traffic including
parking of vehicles within drip line during construction. Trees and
vegetation receiving unintended damage will be repaired or replaced, when
practicable.
USFWS and NCWRC have also recommended directional drill methods for
stream and wetland crossings. However, directional drill is not proposed for
this project. The project entails a long, flat gravity sewer outfall. Therefore,
directional drill of any stream and or wetland crossing is not practical due
to the challenges of maintaining grade with horizontal directional drill. Dips
or sags could easily form resulting in significant constructability issues or
worse, operability issues if left unresolved. Horizontal directional drill is
compatible with pressure main applications rather than gravity lines. As
recommended by NCWRC, open cut stream crossing methods will be utilized
when water levels are low and stream flow is minimal. No negative impacts
to protected aquatic species or aquatic resources are anticipated as a result
of this project.
4. Section 7.10 Wildlife and Natural Vegetation: Table 7.10.1 lists a number of protected
species. Please clarify whether these species are believed to be in or near the project

Mr. David Trego, CEO/General Manager
Big Rockfish Creek Sanitary Sewer Outfall & Lift Station Elimination
Project No. CS370434-15&16
April 2, 2020
site, or if they are located in other parts of the county. If any of these species are in or
near the project site, expand the discussion of impacts and mitigation to clearly
explain how impacts to these species will be avoided.
None of the federal species listed are believed to be near the project site; the
project will not impact any designated critical habitats. Correspondence
from USFWS stated that the proposed action is not likely to adversely affect
any federally -listed species or species currently proposed for listing, and that
the requirements of section 7(a)(2) of ESA are satisfied for this project at this
time. Refer to Appendix 7A.
In effort to minimize impacts to wildlife and natural vegetation, clearing
and grubbing will be kept to a minimum within temporary easements limits.
Reasonable care will be taken during construction to avoid damage to
vegetation not located in the easements. Also, per NCWRC
recommendations, the project will avoid removing large trees at the edges of
construction corridors. All disturbed areas will be stabilized with vegetation
according to state guidelines and requirements of permits issued by DEQ
Land Quality Section.
5. Please review the attached comments from the NC DEQ review. Revise the ER/EID
as needed to address these comments and include a copy in the ER/EID.
The EID has been revised to address these comments.

North Carolina Wildlife Resources Commission E�
Gordon Myers, Executive Director
MEMORANDUM
TO: Ward Marotti, Senior Scientist
WK Dickson & Co., Inc.
FROM: Gabriela Garrison
Eastern Piedmont Coordinator`s W
Habitat Conservation
DATE: January 22, 2018
SUBJECT: Request for Environmental Scoping for the Fayetteville Public Works Commission, Big
Rockfish and Stewarts Creek Outfalls, Cumberland County.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), North Carolina Environmental Policy Act (G.S.
113A-1 through 113A-10; 1 NCAC 25) and North Carolina General Statutes (G.S. 113-131 et seq.).
The Fayetteville Public Works Commission proposes to create outfalls along Stewarts Creek to serve
Annexation Areas 32 and 34 in Fayetteville. The Rockfish outfall will extend into Areas 32 and 34,
parallel to Stewarts Creek. Additional lateral collection lines will be installed within both Areas.
Construction of these outfalls would avoid the need for a regional lift station and force main. The outfalls
will also potentially eliminate six lift stations and provide future opportunities to serve portions of Hoke
County currently without public sewer.
Stewarts Creek is a tributary to Rockfish Creek in the Cape Fear River basin. There are records for the
state -significantly rare, Sandhills spiny crayfish (Cambarus hystricosus) in both Stewarts and Rockfish
Creek. In addition, the Natural Heritage Natural Area, Rockfish Creek Corridor, is located within the
proposed outfalls, downstream of the Annexation Areas.
The NCWRC encourages the applicant to consider additional measures to protect aquatic and terrestrial
wildlife species in developing landscapes. The NCWRC's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water
Quality (August 2002; http://www.ncwildlife.org/Portals/0/Conserving/documents/2002_
GuidanceMemorandumforSecondaryandCumulativeImpacts.pdf) details measures to minimize secondary
and cumulative impacts to aquatic and terrestrial wildlife resources. The Green Growth Toolbox
(http://216.27.39.101/ een rg owth/) also provides information on nature -friendly planning.
The following recommendations will minimize impacts to aquatic and terrestrial resources:
Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
January 22, 2018
Fayetteville PWC Rockfish Creek Outfalls
1. Maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams,
and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining
undisturbed, forested buffers along these areas will minimize impacts to aquatic and
terrestrial wildlife resources. Wide riparian buffers are helpful in maintaining stream bank
stability. In addition, these buffers provide a travel corridor for wildlife species. Measures to
avoid or minimize impacts to wetlands should be implemented. In addition to providing
wildlife habitat, wetland areas perform important functions of flood control and water quality
protection.
2. All utility crossings should be kept to a minimum and use existing rights -of -way when
feasible. The directional bore (locating utilities beneath the riverbed and avoiding impacts to
the stream and buffer) stream crossing method should be used for utility crossings wherever
practicable; the open cut stream crossing method should only be used when water level is low
and stream flow is minimal. Stream crossings should be near perpendicular (75' to 105°) to
stream flow and monitored at least every three months for maintenance needs during the first
24 months of the project and then annually thereafter.
3. Avoid the removal of large trees at the edges of construction corridors. Disturbed areas
should be re -seeded with seed mixtures that are beneficial to wildlife. Avoid fescue -based
mixtures as fescue is invasive and provides little benefit to wildlife. Native, annual small
grains appropriate for the season are preferred and recommended. Pollinator mixes are
commercially available and provide forage and shelter for numerous species of bees,
butterflies, moths and birds. Where feasible, use woody debris and logs from corridor
clearing to establish brush piles and downed logs adjacent to the cleared right-of-way to
improve habitat for wildlife. Allowing the corridor area to re -vegetate into a brush/scrub
habitat would maximize benefits to wildlife. For areas adjacent to residential areas, a native
shrub/grass option may also be beneficial.
4. Minimize corridor maintenance and prohibit mowing between April 1 and October 1 to
minimize impacts to nesting wildlife. Create a maintenance schedule that incorporates only a
portion of the area (one third of the area, for example) each year instead of the entire project
area every 3 to 4 years. Pesticides (including insecticides and herbicides) should not be used
for maintenance of ROWS within 100 feet of perennial streams and 50 feet of intermittent
streams, or within floodplains and wetlands associated with these streams.
5. Incorporate the following elements into erosion and sediment control plans: minimize
clearing and grading, protect waterways, phase construction for larger construction sites (>25
acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish
appropriate perimeter controls, use advanced settling devices, implement a certified
contractors program and regularly inspect erosion control measures.
Sediment and erosion control measures should be installed prior to any land -disturbing
activity. The use of biodegradable and wildlife -friendly sediment and erosion control devices
is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -
weave netting that is made of natural fiber materials with movable joints between the vertical
and horizontal twines. Silt fencing and similar products that have been reinforced with
plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife
species. Excessive silt and sediment loads can have detrimental effects on aquatic resources
including destruction of spawning habitat, suffocation of eggs and clogging of gills.
Thank you for the opportunity to review and comment on this project. If I can be of further assistance,
please contact me at [phone] or gabriela.garrisonkncwildlife.org.

Roy Cooper, Governor
�00■0 INC DEPARTMENT OF
■ ■
■■u■■ NATURAL AND CULTURAL RESOURCES
■ ■■■
September 28, 2023
Erin E Binkley
F&R
310 Hubert St
Raleigh, NC 27603
RE: 59Y-0128-001 Rockfish Creek Outfall; 59Y-0128-001
Dear Erin E Binkley:
D. Reid Wilson, Secretary
Micky Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-23470
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
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 documented within the project area or 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/Di rectory_/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.
Also please note that 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 an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage�)dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAR71MEN7 OF NATURAL AND CULTURAL RESOURCES
fl 121 W. JONES STREET, RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. Nc 27699
OFC 919.707.9120 • FAX 919.707,9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
59Y-0128-001 Rockfish Creek Outfall
Project No. 59Y-0128-001
September 28, 2023
NCNHDE-23470
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name mmon Name
Group
Reptile 32726 Alligator American Alligator
mississippiensis
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
s "Element
Observation Occurrence
Date Rank
2017-04-20 E
Accuracy Federal
Status
A
3-Medium Threatened
Similar
Appearance
State Global State
Status Rank Rank
Threatened G5 S3
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/helip. Data query generated on September 28, 2023; source: NCNHP, Summer (July)
2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
59Y-0128-001 Rockfish Creek Outfall
Project No. 59Y-0128-001
September 28,
2023
NCNHDE-23470
Element Occurrences
Documented
Within a One
-mile Radius of the
Project Area
Taxonomic
EO ID
Scientific Name
Common Name
Last
Element
Accuracy
Federal
State
Global
State
Group
Observation
Occurrence
Status
Status
Rank
Rank
�i
Date
Rank
Dragonfly or
33769
Somatochlora
Coppery Emerald
2004-Pre
H?
5-Very
---
Significantly
G3G4
Sl?
Damselfly
georgiana
Low
Rare
Dragonfly or
33740
Somatochlora
Coppery Emerald
2004-Pre
H?
5-Very
---
Significantly
G3G4
S1?
Damselfly
georgiana
Low
Rare
Dragonfly or
33780
Stylurus ivae
Shining Clubtail
2004-Pre
H?
5-Very
---
Significantly
G4
S1?
Damselfly
Low
Rare
Dragonfly or
33789
Triacanthagyna trifida
Phantom Darner
2004-Pre
H?
5-Very
---
Significantly
G5
SH
Damselfly
Low
Rare
Natural
3481
Coastal Plain Seepage
---
2002-02-23
A
3-Medium
---
---
G4
S2
Community
Bank
Natural
28033
Nonriverine Swamp
---
2010
B
2-High
---
---
G2?
S2
Community
Forest (Sweetgum
Subtype)
Natural
38969
Piedmont/Coastal
---
2019
C?
3-Medium
---
---
G3
S3
Community
Plain Heath Bluff
Natural
28031
Pine/Scrub Oak
---
2010
C
2-High
---
---
G3
S3
Community
Sandhill (Blackjack
Subtype)
Natural
28032
Sandhill Seep (Wet
---
2008-10
C
3-Medium
---
---
GY
S3
Community
Subtype)
Natural
28030
Wet Pine Flatwoods
---
2010
C
2-High
---
---
G2?
S1
Community
(Sand Myrtle Subtype)
Reptile
32726
Alligator
American Alligator
2017-04-20
E
3-Medium
Threatened
Threatened
G5
S3
mississippiensis
Similar
Appearance
Reptile
439
Coluber flagellum
Eastern Coachwhip
1988
H
4-Low
---
Special
G5T5
S2
flagellum
Concern
Reptile
34914
Farancia
Rainbow Snake
1978-04-28
H
3-Medium
---
Significantly
G4
S3
erytrogramma
Rare
Vascular Plant
25401
Eupatorium resinosum
Pine Barren Boneset
2008-10-21
A
2-High
---
Significantly
G3
S3
Rare Other
Page 3 of 5

Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State
Group Observation Occurrence Status Status
MR ff Date Rank A
Vascular Plant 3637 Lindera subcoriacea Bog Spicebush 1985-04 D 2-High --- Special
Concern
Vulnerable
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Rockfish Creek Corridor R1 (Exceptional) C4 (Moderate)
Camp Rockfish Natural Area R2 (Very High) C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
Cumberland County Open Space Cumberland County Local Government
Cumberland County Open Space Cumberland County Local Government
GloM91m!;tate
Rank Rank
G3 S2
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 28, 2023; source: NCNHP, Summer (July)
2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 4 of 5

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Sources: Esri, Airbus IDS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS,
NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat GSA, Gecland, FEMA,
Intermap and the GIS user community
Sources: Esri. HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors; and the GIS User Community
Page 5of5

SINGE FROEHLING & ROBERTSON, INC.
Engineering Stability Since 1881
310 Hubert Street
Raleigh, North Carolina 27603-2302
T 919.828.34411 F 919.828.5751
NC License #F-0266
January 16, 2018
Renee Gledhill -Earley
Environmental Review Coordinator
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Re: Request for Comments
Proposed Big Rockfish Creek Outfall
Near Savannah Drive and Permastone Lake Road
Fayetteville, Cumberland County, North Carolina
F&R Project: 66V-0262
Dear Ms. Gledhill -Earley:
Froehling & Robertson, Inc. (F&R) was retained by the Fayetteville Public Works Commission to
request your comments concerning the above -referenced project, which is a sewer line project
along two possible corridors, and its potential to affect protected Historic and Cultural Resources.
Please accept this letter as F&R's written request for comments.
The project site consists of two separate possible alignment corridors. The first is identified as
"BRFC Alignment Corridor" and contains approximately 32,500 linear feet of proposed sewer line
easement; the second is identified as "BRFC Alternate Corridor" and contains approximately
24,800 linear feet of proposed sewer line easement. The proposed easements primarily run along
Stewarts Creek and Big Rockfish Creek and their tributaries, and running from King Road to
Blackbridge Road. The proposed corridors are located in a riparian and residential corridor. The
Fayetteville Public Works Commission is proposing to develop a sewer system along one of the
identified corridors. The corridors are located in a suburban residential and agricultural land use
area.
F&R reviewed the available information concerning known historic properties in the area of the
project site on the NC State Historic Preservation Office GIS Website. A copy of the map is
attached. Properties listed on the National Register (NR) or the Study List (SL) for the NR were not
identified on or adjacent to the project site. Please refer to the attached Figures for site location
and boundaries.
Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA
A Minority -Owned Business

F&R requests your comments as to the potential effect of each proposed corridor on any other
properties listed on the NR, the SI-for the NR, or potentially eligible for listing on the NR.
Thank you for your assistance with this request. If you have questions, or if we can be of additional
service, please contact F&R at [phone].
Respectfully Submitted,
FROEHLING & ROBERTSON, INC
9
Paul M. Hughes
Environmental Scientist
Attachments: Figure 1: Topo Map
Figure 2: Aerial Photograph
Figure 3: SHPO GIS Map
Elias N. Ruhl
Project Manager
Proposed Big Rockfish Creek Outfall F&R Project 66V-0262
Fayetteville, Cumberland County, NC 2 January 16, 2018

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s N cE FR ❑ E H L I N G & R ❑ B E RTS ❑ N q INC. Client: WK Dickson & eInc. Disclaimer: F&R makes no warranties or guarantees regarding the accuracy or r` � �ti BRFC Alternate Route
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
February 8, 2018
Ward Marotti
W. K. Dickson & Co., Inc.
616 Colonnade Drive
Charlotte, NC 28205
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Big Rockfish & Stewarts Creek Outfalls, Fayetteville, Cumberland County, ER 18-0126
Dear Mr. Marotti:
Thank you for your submission of January 16, 2018, concerning the above referenced project. We have
reviewed the information provided and offer the following comments.
The project area is located along Big Rockfish Creek, Stewarts Creek, and Upchurches Pond. One previously
recorded archaeological site (31CD2) is located within the project area. This site has not been assessed for
eligibility for listing in the National Register of Historic Places (NRHP). Given the topography and proximity
to perennial streams, there is potential for additional archaeological sites to be located within the project area.
Prior to the initiation of any ground disturbing activities within the project area, we recommend that a
comprehensive archaeological survey be conducted by an experienced archaeologist. The purpose of this
survey will be to locate archaeological sites, including previously recorded site 31 CD2, and make
recommendations regarding the eligibility status of each site in terms of the NRHP. Please note that our office
now requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate
field methodologies prior to the archaeological field investigation.
One paper copy and one digital copy (PDF) of all resulting archaeological reports, as well as one paper
copy and one digital copy (MS Word) of the North Carolina site form for each site recorded, should be
forwarded to the Office of State Archaeology through this office for review and comment as soon as
they are available and in advance of any construction or ground disturbance activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in
North Carolina is available at www.archaeology.ncdcr.gov/ncarch/resource/consultants.htm. The
archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the
recommended survey.
We have determined that the project as proposed will not have an effect on any historic structures.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review(kncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
�C� )�4duL-tajfj�
�=KRamona M. Bartos

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