WQ0044950_Application (FTSE)_20240105

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State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 10-23 & SUPPORTING DOCUMENTATION
Application Number: C�)p00�Wq6zl (to be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: City of Sanford(company,municipality,HOA,utility,etc.)
2. Applicant type: ❑ Individual ❑Corporation ❑ General Partnership ❑ Privately-Owned Public Utility
❑ Federal ❑ State/County ® Municipal ❑ Other
3. Signature authority's name: Paul M. Weeks Jr.,P.E. per I SA NCAC 02T.0106(b)
Title: Utilities and Engineering Director
4. Applicant's mailing address: 225 E. Weathers000n St. P.O. Box 3729
City: Sanford State: NC Zip: 27331-3729
5. Applicant's contact information:
Phone number: (919) 777-1 122 Email Address: paul.weeksna.sanfordnc.net
IL PROJECT INFORMATION:
I. Project name: Ashby Village Subdivision
2. Application/Project status: ® Proposed(New Permit) ❑ Existing Permit/Project
If a modification,provide the existing permit number: WQ00 and issued date: ,
For modifications,also attach a detailed narrative description as described in Item G of the checklist.
If new construction,but part of a master plan,provide the existing permit number: WQ00
3. County where project is located: Lee
4. Approximate Coordinates(Decimal Degrees): Latitude: 35.450643 Longitude:-79.126535'
S. Parcel ID (if applicable): 9661-28-0538-00(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
I. Professional Engineer: Allison Stone License Number: 053562
Firm: Timmons Grow
Mailing address: 5410 Trinity Road,Suite 102
City: Raleigh State: NC Zip: 27607-
Phone number: [phone] Email Address: [e-mail]
IV. WASTEWATER TREATMENT FACILITY(WWTF)INFORMATION:
I. Facility Name: Big Buffalo Wastewater Treatment Plant Permit Number: NCO024147
Owner Name: City of Sanford
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): WQ
2. Downstream (Receiving)Sewer Information: 12 inch ® Gravity J Force Main
3 System Wide Collection System Permit Number(s)(if applicable): WQCS0047
Owner Name(s):Cit"fSanford
FORM: FTA 10-23 Pagel of 5

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Vl. GENERAL REQUIREMENTS
I. if the Applicant is a Privately-Owned Public Utility,has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No ® N/A
2. If the Applicant is a Developer of lots to be sold,has a Developer's Operational Agreement(FORM: DEV)been attached?
❑ Yes ❑ No ® NIA
3. If the Applicant is a Home/Property Owners'Association,has an HOA!POA Operational Agreement(FORM. HOA)and
supplementary documentation as required by 15A NCAC 02T.01 15(c)been attached?
[:] Yes ❑ No ® N/A
4. Origin of wastewater: (check all that apply):
® Residential (individually Owned) ❑ Retail (stores,centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School/preschool/day care ❑ Medical/dental/veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool ilter Backwash
❑ Businesses/offices/factories ❑ Nursing Home ❑ Other(Explain in Attachment)
5. Nature of wastewater: 100%Domestic %Commercial %Industrial(See 15A NCAC 02T .0103(20))
If Industrial,is there a Pretreatment Program in effect?❑ Yes[] No
6. Has a flow reduction been approved under I SA NCAC 02T .01 14(f)? [:] Yes ® No
➢ If Yes,provide a copy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type(see 02T.0114(f)) Daily Design Flow a,b No.of Units Flow
Residential Single Family(4-bedroom) 300 gal/day 176 52,800 GPD
Residential Townhomws(3-bedroom) 225 gal/day 174 39,150 GPD
gal/ GPD
gal/ GPD
gal/ GPD
gal/ GPD
Total 91,950 GPD
a See I SA NCAC 02 ' ,01 14(bi, idl-to l) and(e)(2 for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T.0114(c),design flow rates for establishments not identified(in table 15A NCAC'02T.01 141 shall be
determined using available flow data,water using fixtures,occupancy or operation patterns,and other measured data.
8. Wastewater generated by project: 91,950 GPD(per 15A NCAC 02T.01 14 and G.S. 143-215,_1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero,please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other(Explain):
FORM: FTA 10-23 Page 2 of 5

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Vil. GRAVITY SEWER DESIGN CRITERIA(If Applicable)-02T.030.5& MDC(Gravity Sewers):
I. Summarize gravity sewer to be permitted:
Size(inches) Length (feet) Material
8 13,429 SDR 26 PVC
8 792 DIP
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
Vill. PUMP STATION DESIGN CRITERIA(If Applicable)—02T.0305& MDC(Pump Stations/force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
I. Pump station number or name:
2. Approximate Coordinates(Decimal Degrees): Latitude: Longitude:-
3. Total number of pumps at the pump station:
3. Design flow of the pump station: millions gallons per day(firm capacity)
➢ This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s)per pump(s): gallons per minute(GPM)at feet total dynamic head(TDH)
5. Summarize the force main to be permitted(for this Pump Station):
Size(inches) Length(feet) Material
If any portion of the force main is less than 4-inches in diameter,please identify the method of solids reduction per
MDCPSFM Section 2.01 C.I.b. ❑Grinder Pump ❑ Mechanical Bar Screen ❑ Other(please specify)
6. Power reliability in accordance with 15A NCAC 02T.0305(lik I):
❑ Standby power source or ❑ Standby pump
➢ Must have automatic activation and telemetry- 15A NCAC 02T.0305(h)(1)(B);
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C):
❑ Portable power source with manual activation,quick-connection receptacle and telemetry-
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations,an evaluation of all the pump stations'storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Page 3 of 5

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IX. SETBACKS&SEPARATIONS—(02B.0200 & 15A NCAC 02T.0305(f)):
l. Does the project comply with all separations/alternatives found in 15A NCAC 02T.0305(t)& ty ® Yes ❑ No
15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems:
Setback Parameter* Separation Required
Storm sewers and other utilities not listed below(vertical) 18 inches
Water mains(vertical-water over sewer preferred, including in benched trenches) 18 inches
Water mains(horizontal) 10 feet
Reclaimed water lines(vertical -reclaimed over sewer) 18 inches
Reclaimed water lines(horizontal - reclaimed over sewer) 2 feet
**Any private or public water supply source, including any wells, WS-1 waters of Class 1 or
Class If impounded reservoirs used as a source of drinking water,and associated wetlands. 100 feet
**Waters classified WS(except WS-I or WS-V),B,SA,ORW, HQW,or SB from normal
high water(or tide elevation)and wetlands associated with these waters(see item IX.2) 50 feet
**Any other stream, lake, impoundment,or ground water lowering and surface drainage
ditches,as well as wetlands associated with these waters or classified as WL. 10 feet
Any building foundation(horizontal) 5 feet
Any basement(horizontal) 10 feet
Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
Drainage systems and interceptor drains 5 feet
Any swimming pools 10 feet
Final earth grade(vertical) 36 inches
➢ If noncompliance with 02T.0305(f)or_(st).see Section X.I of this application
*15A NCAC 02T.0305(g)contains alternatives where separations in 02 T.0305( cannot be achieved. Please check"yes"
above if these alternatives are used and provide narrative information to explain.
**Stream classifications can be identified using the Division's NC Surface Water Classifications webnaee
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N/A
➢ If no,please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE,verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? ® Yes [—] No ❑ N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ® No
If yes,does the project comply with setbacks found in the river basin rules per 15A NCAC Q2B .0200? ❑ Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes ❑ No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with 15A NCAC 02T.0105(c)(6)(additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T 0105(c)(6),directly related environmental permits or certification applications must be being prepared,
have been applied for,or have been obtained. Issuance of this permit is contingent on issuance of dependent permits(erosion
and sedimentation control plans,stormwater management plans,etc.).
7. Does this project include any sewer collection lines that are deemed"high-priority?" ❑ Yes ® No
Per 15A NCAC 02T.0402,"high-priority sewer"means any aerial sewer,sewer contacting surface waters,
siphon,or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ If yes,include an attachment with details for each line,including type(aerial line,size,material,and location).
High priority lines shall be inspected by the permittee or its representative at least once every six-months and
inspections documented per 15A NCAC 02T.0403(a)(5)or the permittee's individual System-Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5

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X. CERTIFICATIONS:
I. Does the submitted system comply with I SA NCAC 02T, the Minimum ncsi¢n,Criteria for the Permitting of Pump Stations
and Force Mains I latest versant).and the Gravity Sewer Minimum Design_ riteria l latest version)as applicable?
® Yes ❑ No
If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
concurrently with the approval of the permit, and projects requirine a variance approval may be subject to loneer
review times.For projects requirine two or more variances or where the variance is determined by the Division to be a
significant portion of the project,the full technical review is required.
2. Professional Engineer's Certification:
I, Allison Stone ,attest that this application for Ashby Village Subdivision
(Professional Engineer's name from Application Item III I ) (Project Name from Application Item 11.1)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications,engineering calculations,and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Sewerti(latest version),and the Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains(latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed$10,000,as well as civil penalties up to$25,000 per violation.Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria,may subject
the North Carolina-licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
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3. Applicant's Certification per 15A NCAC 02T.0106(b):
Paul M. weeks Jr. P.E. Ashby village subdivision
1, ,attest that this application for _
(Signature Authority Name from Application Item 1.3.) (Project Name from Application Item 11.1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non-discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties,injunctive relief,and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. 1 also understand that if ali required parts of this application
package arc not completed and that if all required supporting information and attachments arc not included, this application
package will be returned to me as incomplete.
NOTE In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation.
p Docuftned by:
r� AL. U�l,t,�cS Y, r p
.f. 11/18/2023
Signature: esc39e6e6784489_ Date:
FORM: FTA 10-23 Page 5 of 5

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State of North Carolina
Department of Environmental Quality
DWI( 2 7 z023 Division of Water Resources
Flow Tracking for Sewer Extension Applications
Division of Water Resources (FTSE 10-23)
Application Number: I FT-363
Entity Requesting Allocation: City of Sanford
Project Name for which flow is being requested: Ashby Village SD
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for aft pu►np
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility name: Big Buffalo Wastewater Treatment Plant
b. WWTP Facility Permit##: NCO024147
AUflows are in MGD
c. WWTP facility permitted flow: 12.0000
d. Estimated obligated flow not yet tributary to the WWTP: 1.6199
e. WWTP facility's actual average flow: 3.4800
f. Total flow for this specific request: 0.09195
g. Total actual and obligated flows to the facility: 5.1918
h. Percent of permitted flow used: 43%'
11. Complete this section for each pump station you are responsible for along the route of this proposed
List pump stations located between the project connection point and the WWTP.
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Pump Pump Firm Design Approx Obligated, Total Current Available
Station Station Capacity Average Current Not Yet Flow Plus Capacity'
(Name or Permit Daily Flow' Avg Daily Tributary Obligated
Number) Number (Firm nf) Flow, Daily Flow, Flow
MGD MGD MGD MGD MGD MGD
Carr Creek #001 1.2816 0,5126 0,3658 0.1802 0.5459 -0.0333
Gasier Creek 4.0291 16116 1.0195 0.4672 :.4868 0.1249
7B2g Buffalo oN!A #NA #N A #N A #N A ON A
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1.The Firm Capacity(design flow)of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
2.Design Average Flow is the firm capacity of the pump station divided by the peaking factor(pf)not
less than 2.5,per Section 2.02(A)(4)(c)of the Minimum Design Criteria.
3.A Planning Assessment Addendum shall be attached for each pump station located between the
project connection point and the WWTP where the Available Capacity is S 0.
Downstream Facility Name(Sewer): City of Sanford Collection System
Downstream Permit Number: WQCS00047
Ill. Certification Statement
Page 1 of 6 FTSE 10-23

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1, Paul Weeks,Jr. PE, certify to the best of my knowledge that the addition of the volume of
wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater
treatment facility and that the flow from this project is not anticipated to cause any capacity related
sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment
plant under normal circumstances,given the implementation of the planned improvements identified in
the planning assessment where applicable. This analysis has been performed in accordance with local
established policies and procedures using the best available data. This certification applies to those items
listed above in Sections 1 and 11 plus all attached planning assessment addendums for which 1 am the
responsible party. Signature of this form certifies that the receiving collection system or treatment works
has adequate capacity to transport and treat the proposed new wastewater.
EP
DocuSiyned by:
aa k W tks Jr. P.-E.
BBC39E666784409 1 1/1 7/23
Signing Official Signature Date
Utilities & Engineering Director
Title of Signing Official
Page 2 of 6 FTSE 10-23

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Carr Creek lift station
This station is permitted at 1.2816 MGD (0.5126 MGD average daily flow). With the addition of Ashby
Village SD,the 350 lots will take the anticipated ADF to 0.5459 MGD which is above the current,
permitted amount.
Ashby Village SD is expected to build out at the following rate:
Year 1: 0. During this time they will start and complete site improvements. Units are not yet built
Year 2: 11,250. It is anticipated they will have 50 units built and occupied.
Year 3-5: 26,900 each year. It is anticipated it will take them a total of 4 years to build out the
subdivision once structures can be built.
There are 3 other developments, which are not yet tributary,that will contribute flow to Carr Creek lift
station; (Truelove Apartments, Lee County Multi-Sports Complex and Homestead Mobile Home Park
which amounts to 79,882 gallons per day of flow. Due to their nature,The City anticipates 50%of the
flow from those developments will be seen in Year 1 with the remainder in Year 2. There are two other
outstanding permits with remaining paper flow which will be split between Year 1 and Year 2 as well.
Therefore, we would expect to see the following:
Year Anticipated flow Anticipated flow Total anticipated
from Ashby from others,gpd flow(ADF)at Carr
Village, gpd Creek lift station,
gpd
0 0 44,103 409,903
1 11,250 44,104 465,257
3 26,900 492,157
4 26,900 519,057
5 26,900 545,957
Therefore, the lift station's capacity is projected to exceed its capacity in Year 4.
The City is responsible for performing all necessary improvements to the lift station. The City's timeline
is as follows:
151 quarter 2024(year 1): enter into a design contract
1S`quarter 2025 (year 2): complete permitting and design
The City anticipates it will take 18 months to complete the improvements which will take place before
the lift station exceeds capacity.
EP
DocuSignedbyll:���� hhpau k• lNuts Jr• r �• 11/18/2023
BBC39E666794489

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PLANNING ASSESSMENT ADDENDUM(PAA)
Submit a planning assessment addendum for each pump station listed in Section 11 where Available Capacity is
0.
Pump Station (Name or Number): Carr creek Lift station
Given that:
a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow(C)accounts for
33.0 %0 and 0.1802 MGD of the Available Capacity (E) in Pump Station
Carr Creek ; and that
b. The rate of activation of this obligated, not yet tributary capacity is currently approximately
0.00 MGD per year; and that
c. A funded Capital Project that will provide the required planned capacity, namely
is in design or under construction with
planned completion in ; and/or
d. The following applies:
See attached.
Therefore:
Given reasonably expected conditions and planning information, there is sufficient justification to allow
this flow to be permitted, without a significant likelihood of over-allocating capacity in the system
infrastructure.
I understand that this does not relieve the collection system owner from complying with G.S. 143-
215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal
system.
OacuSigned by:
1i/xs/zaz3
Pam(. M.. Wt tts Jr. P.f.
Signing Official Signature Date
Page 3 of 6
FTSE 10-1 R

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TIMMONS GROUP
YOUR VISION ACHIEVEb THROUGH OURS.
PROJECT NARRATIVE
Project Name: Ashby Village Subdivision
Location: Sanford, Lee County, NC
PIN: 9661-19-7499-00
Owners: Ashby Village Holdings, LLC
5 Century Drive
Greenville, SC 29607
Developer: Contender Development
5 Century Dr, Suite 210
Greenville,SC 29607
Consultant: Timmons Group
Allison Stone, PE
5410 Trinity Road, Suite 102
Raleigh, NC 27607
Phone: [phone]
PROJECT DESCRIPTION AND NARRATIVE:
The proposed development is located at the intersection of Ashby Road and S. Horner Blvd in Sanford,
NC. The project proposes the construction of 176 single-family lots and 174 townhomes. The project is
anticipated to generate the following wastewater flows:
176 (4-BEDROOM) SINGLE FAMILY UNITS AT 300 GPD= 52,800 GPD
174 (3-BEDROOM)TOWNHOME UNITS AT 225 GPD =39,150 GPD
TOTAL= 91,950 GPD
The proposed gravity sanitary sewer system will consist of approximately 13,429 LF of 8" SDR 26 PVC and
792 LF of 8" DIP.The new gravity sanitary sewer system will be owned, operated, and maintained by the
City of Sanford, NC.
401 &404 Approvals: �HICARO
401 = DWR#20220602 .`
404=SAW-2021-00602 �`�r'o''
84A71ABbzL69
053562
y� 'No NE��'
Ry 11/22/2023
• . SUITE 102 RALEIGH, NC 27607 PHONE . •

0 �0
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
TRANSMITTAL
TO: NCDEQ DWR - Raleigh Regional Office Date: 6/8/2023 Job #: 45609
3800 Barrett Drive Project: Ashby Village Subdivision
Raleigh, NC 27609 Reference:
Copies Sent To:
❑ ENCLOSED PLEASE FIND:
❑ WE ARE SENDING UNDER SEPARATE COVER: N
u
z
COPIES DATE NUMBER DESCRIPTION
t
1 1 Fast Track Sewer Application (Intl. Flow Acceptance Form/
Certification Statement
1 2 Flow Tracking for Sewer Extension Applications N
1 3 Check for $600
1 4 Project Narrative
1 5 USGS ma V)
1 6 Vicinity Ma o
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1 7 401/404 Approvals
THESE ITEMS ARE TRANSMITTED:
If enclosures are not as noted, please notify us at once. o
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COMMENTS:
Feel free to contact me with any questions at 919-866-4934 or sean.hein(a2)timmons.com ,
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Sean Hein
Project Manager
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aME STATE
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ROY COOPER
Governor
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ELIZABETH S.BISER `
Secretary 41,
RICHARD E.ROGERS,JR. NORTH CAROLINA
Dtrnctor Environmental Quality
June 17, 2022
DWR# 20220602
Lee County
Ashby Village, LLC& Ashby Village Holdings, LLC
Attn: Josh Howard
5 Century Drive
Greenville, NC 29607
(via email josh.howardrusvnc•ont)
Subject: Approval of Individual 401 Water Quality Certification
Ashby Village
USACE Action ID. No. SAW- 2021-00602
Dear Josh Howard:
Attached hereto is a copy of Certification No. 4953 issued to Josh Howard and Ashby Village, LLC and
Ashby Village Holdings, LLC, dated June 17, 2022. This approval is for the purpose and design described
in your application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project,you must notify the Division and you maybe
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 Certification and is responsible for complying with all conditions. [15A
NCAC 02H ,0507(d)(2)].
This Water Quality Certification does not relieve the permittee 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.
This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
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 Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
Korth Carolina Department of kmtronmental Quahh I Uivsum of 14'ater Resources
Raleigh Regional Office I WN1 Harrelt Dri%c 1 Raleigh North Carolina 27MY9
919 791 Q21H1
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DWR#20220602
Individual Certification aWQC004953
Page 2 of 14
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing(Petition) with the North Carolina Office of Administrative
Hearings(OAH)within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
I i t 11 N\\%\� ncoah.com or by calling the OAH Clerk's Office at(919)431-3000,
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen.Cohniu ncdenr.Eov if you have any
questions or concerns.
Sincerely,
E
DA90825D4A4t3D
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
cc: Sydni Law,Timmons Group(via email)
James Lastinger,USACE Raleigh Regulatory Field Office(via email)
Gabriela Garrison,NC Wildlife Resources Commission (via email)
DWR 401 &Buffer Permitting Branch Electronic file
N'orlh Caro lmu f)cpartmcnt of Fnvmmn cnhd Quality 1 [)nisum of\Vatcr Rcwurcc.
Raleigh Regional 011icc I X8(JO Hamm DnNc I Raleigh.KVrlh Carolina 27609
919'91 4200

UU6UJ0.y11 CIIVCIVI t:IU. Ashby Village
DWR#20220602
Individual Certification#WQC004953
Page 3 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4953 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213 .0200,to Josh Howard and Ashby Village, LLC,and Ashby Village Holdings, LLC,
who have authorization for the impacts listed below,as described within your application received by the
N.C. Division of Water Resources(Division) on April 22, 2022, and payment received April 27, 2022,
with additional information received May 3, 2022,and June 17, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302,303,306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application,the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of impact Amount Approved Amount Approved
(units)Permanent (units)Temporary
404/401 Wetlands:
W 1: Sanitary Sewer- Fill 0.034 acres 0.015 acres
W 1 A: Sanitary Sewer Easement 0.011 acres 0 acres
W2: Road Crossing 0.234 acres 0.050 acres
W3: Sanitary Sewer Easement 0.092 acres 0 acres
W4: Road Crossing 0.053 acres 0.010 acres
W5: Road Crossing 0.012 acres 0.004 acres
W& Road Crossing 0.027 acres 0.004 acres
W7: Road Crossing 0.002 acres 0.006 acres
Streams:
S 1: Sewer Crossing 0 linear feet 33 linear feet
S2: Road Crossin 83 linear feet 22 linear feet
S3: Sewer Crossing 0 linear feet 28 linear feet
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION 115A NCAC 02H .0507(c)]:
1) Compensatory Mitigation Using the Division of Mitigation Services (DMS):
North Carolina Dc u"necnt of fncrrcvlmental Qoahry I DAclsual OMLIcr Resource,
Raleigh Regloual Office M00 Kimclt[)MC I Raleigh.Korth Carolina 27609
919 791 4260

Ljuwolyl6 GIv"lupC IV• Ashby Village ,
DWR#20220602
Individual Certification #WQC004953
Page 4 of 14
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS)to meet this mitigation
requirement. Until the DMS receives and clears your payment,and proof of payment has been provided
to this Office,no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement[15A NCAC 02H .0506(c)]:
Compensatory Mitigation Required River& Sub-basin Number
Wetlands 0.362 acres Cape Fear; 03030004
Justification:A project that gJfects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
2) Stormwater Plan Approval by Local Government
Because the stormwater management plan approved by a local government(City of Sanford) is being
used to meet stormwater/diffuse!dispersed flow requirements on this project,you are required to submit a
digital copy of the approved stormwater management plan(SMP) including plan details on scaled plan
sheets with proof of the local government's approval. The approved SMP shall be submitted to Colleen
Cohn of the DWR 401 and Buffer Permitting Branch (Co Ilecn.Cohn(a,ncdenr.gov or the electronic
Supplemental Information Form) before any impacts authorized in this certification occur. After it is
approved, the SMP may not be modified without prior written authorization from local government. If
modified,a digital copy of the approval letter and the modified SMP shall also be submitted to the DWR
401 &Buffer Permitting Branch(at the email address above or via the Supplemental Information Form)
prior to the commencement of the modifications.
Citations: 15A NCAC 02H.0506(b) and 0507(c); 15A NCAC 02B.0714(9)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed to
protect against direct or indirect discharge of waste or other sources of water pollution. Surface water
quality standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity,
wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative criteria
and the state's anlidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts
3) If this Water Quality Certification is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittec that are part of the single and complete project authorized by this
Certification must be buildable without additional impacts to streams or wetlands.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
Norlh Caro nta Dcptrtmcat ai I�i%inwuncnta'Quality I Dt%.ton o!Wmcr Rcsotwccs
DW � } Raleigh Regtmtal Office 1 )R00 Barrett[)rose I Rilctgh.Minh Caroliga 276W)
` r A/ 919 791-1200

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DWR#20220602
Individual Certification#WQC004953
Page 5 of 14
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of'standards or would result in secondary or
cumulative impacts
4) For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
5) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands,waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification Rules(15A NCAC 02H .0500),NC Isolated Wetland
Rules(l 5A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (l 5A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual parcels,
whichever is appropriate.
Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
6) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S.
143-215.27 of a professionally supervised dam removal,the applicant shall provide documentation that
any sediment that may be released has similar or lower level of contamination than sediment sampled
from downstream of the dam in accordance with Session Law 2017-145.
Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A
NCACO2B.0200; S.L. 2017-145
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
7) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific
Conditions shall apply to those impacts.
a) All sewer lines shall be designed,constructed and maintained in accordance with Title 15A NCAC
Chapter 02T,applicable Minimum Design Criteria(MDC),and/or Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
M F QNonh
�� Caruhna 1)cpartrncnr IdTnc)ronmcntal(lucdny I nnlslon ul'11:/)cr kcwurcc.
Raleigh Regional Office 3800 Rarretl Drl%c I Raleigh,Kurth Camlma 27604

NU%'UOs91I CrlVtoulit:Su. Ashby Village,
DWR#20220602
Individual Certification#WQC004953
Page 6 of 14
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity;
wildlife:secondary contact recreation:agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
b) 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.
Citation: I SA NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
c) 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).
Citation: 15A NCAC 02H.0506(b); I5A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum
extent practicable and shall not exceed 40 feet wide for utility lines.
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 prohibited.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
e) 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 except at manhole locations.
Citation: 15A NCAC 02H.0506(b); /5A NCAC 02H.0507(e)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
hrKth C arolma Ucpxtmart of l i»mwtntCnt:d Quality I Divrc,on ul'11'a1Cr RCtiwuCCs
Raleigh Regional Mice 1800 Rarrctt Drive 1 Raleigh.North Cantltna 27609
` 919 791 4200

uuwoHyII GtIVGupt:;ILt.MJJOV.Tf/1-liG4CWJliC'OI Ashby Village
DWR#20220602
Individual Certification#WQC004953
Page 7 of 14
criteria and the state's antidegradation policy), the Division must evaluate if'the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation ofstandards or would
result in secondary or cumulative impacts.
fJ 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 infiltration of 1 X 10' cm/sec or less. See Water Quality General Certification
No. 4256 for a section and plan view diagram for the anti-seep collars.
The following specifications shall apply to class B concrete:
i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii) Maximum water-cement ratio gallons per sack 6.8
iv) Slump range 2" to 4"
v) Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
g) The permittee shall have a specific plan for restoring wetland contours to pre-construction conditions.
Any excess material will be removed to a high ground disposal area.
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.
Citation: 15A NCAC 02H.0506(b): 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
8) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with,and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Minh Carolina Dcpxnmc"I of P.ns Inrtmcntrl Quality I Drclslou of W:ucr Rcwurcc.,
Raleigh Regumal Office 1 3900 Rrren Dncc I Ralcigh.K"nh Cirulma 77609
OamRnwil al Emvo-w�wtl d,a4q�
919 791 4200

LJVW01911 CI VClupe IU. Ashby Village .
DWR#20220602
Individual Certification#WQC004953
Page 8 of 14
Justification: Timely reporting o1'non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-
term or long-term basis.
9) No waste,spoil, solids,or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts(including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule(including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
10) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter
2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
11) When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter l 13A 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.
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 North Caroline Department of
Transportation 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.
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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B.0200; 15A NCAC
02B.0231
North Curolula I)Cpanlncm of I:n+ir+wnrmrnl Quality I nl+'+snln of W itcr Rcsoures
Raleigh KCgmoal Office 1 3900 Rarrcu I)ri%c I Raleigh,Minh Carohna 2'609
919791.d700

VULUOIYII GI VCIVPC I0.MJJOVUYM-VLYC-YJ4C-9ICFs-UL4CtiMUl.V0V0 Ashby Village
DWR##20220602
Individual Certification NWQC004953
Page 9 of 14
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
12) Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within
authorized impact areas,then placement of such measures shall not be conducted in a manner that results
in dis-equilibrium of any wetlands,streambeds,or streambanks. Any silt fence installed within wetlands
shall be removed from wetlands and the natural grade restored within two (2)months of the date that
DEMLR or locally delegated program has released the specific area within the project to ensure wetland
standards are maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland
Standards: (c)(1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3)Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
13) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: I5A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of'standards, or would result in secondary or cumulative
impacts.
14) if the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including
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the erosion &sedimentation control plan, inspections and maintenance,self-monitoring,record keeping
and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC
02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters jar any designated uses; and(21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters
and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. As cited in Welland
Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
15) 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 Department of Transportation Construction and
Maintenance Activities Manual,such as sandbags, rock berms,cofferdams,and other diversion structures
shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses; and(21) turbidity in the receiving water shall not
exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background
conditions, the existing turbidity level shall not be increased.
16) In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-
pool structures,etc. shall be designed and installed in such a manner that allow for continued aquatic life
movement.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
17) 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
North('aroltna Department of I cN vonmcntal Quality I Division of Walcr R"(ourccl
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Page I 1 of 14
adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert
shall include multiple boxes/pipes, baffles,benches and/or sills to maintain the natural width of the stream
channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe
and additional culverts/pipes shall be installed such that they receive only flows above bankfull.
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
the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,
then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width,and topographic constraints indicate culvert slopes of
greater than 2.5%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,sills,baffles etc.). Notification, including supporting documentation to
include a location map of the culvert,culvert profile drawings, and slope calculations,shall be provided to
DWR 30 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 30 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.
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.
Citation: 1 SA NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
18) 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.
Citation: 1 SA 02H.0506(b); 15A NCAC 02H.0507(c); 1 SA NCAC 02B.0200; 1 SA NCAC 02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards:
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DWR#20220602
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Page 12 of 14
(c)(1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
19) 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.
Citation: 15A 02H.0506(b); 15,4 NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Welland Standards: (c)(1)
Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
20) 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. All temporarily impacted sites shall be
restored and stabilized with native vegetation.
Citation: 15A NCAC 02H0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface
waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses
after project completion.
2 l) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will
ensure that surface water quality standards are met and conditions of waters are suitable for all best
uses.
22) 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 streambed elevation and streambank contours are restored
and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
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 be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
North Caro lma Department nl Ice%lrtitniental Quality I Divlsltwt ut*WAtcr Resource;
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Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation ofstandards, or would result in
secondary or cumulative impacts.
23) 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
24) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); I5A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1)
Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and(3)Materials producing color or odor shall not be present in
amounts that may cause adverse impacts on existing wetland uses.
25) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such
that hydrologic conditions necessary to support natural biological and physical characteristics are
protected;populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
26) In accordance with 143-215.85(b),the permittee 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.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
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Page 14 of 14
Justification: Persons) owning or having control over oil or other substances upon notice of discharge
must immediately notes the Department, or any of its agents or employees, oj'the nature, location, and
time of the discharge and of the measures which are being taken or are proposed to be taken to contain
and remove the discharge. This action is required in order to contain or divert the substances to prevent
entry into the surface waters. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum:aquatic life propagation,
survival, and maintenance of biological integrity, wildlife;secondary contact recreation; agriculture);
and that activities must not cause water pollution that precludes any best use on a short-term or long-
term basis.
27) The permittee 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.
Citation: 1 SA NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
28) 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 Water Quality
Certification. A copy of this Water Quality Certification shall be available at the project site during the
construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This,the 17th day of June 2022
CDocuSipnsd by:
ceff �/wsow
BCDA9D825D4A48D.
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
CMC
WQC004953
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Sydni Law
From: Lastinger,James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday,June 15, 2022 10:42 AM
To: Sydni Law
Cc: Conn, Colleen M
Subject: NWP 29 and SAW-2021-00602, Ashby Village Subdivision, Provisional Notification
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Mr./Ms. Applicant,
This a mail serves to notify you that your proposed work may be authorized by the above referenced general permit
provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived,the Corps will provide you
with a final general permit verification.Your proposed work shall not commence until after the 401 Certification has
been issued or waived AND until a final general permit verification has been provided to you. Additional special
conditions may be added to the final general permit verification.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.
James Lastinger
Regulatory PM
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Phone: [phone]
Please note that I am teleworking almost exclusively. Email is the best way to reach me.
I

ROY COOPER
Covernor 1.
aZC
ELIZABETH S BISER ``
Secretary
MARC RECKTENWALD NORTH CAROLINA
Director Environmental Quality
July 13,2022
Josh Howard
Ashby Village Hold;ngs, LLC
5 Century Drive, Suite 210
Greenville, NC 29607 Expiration of Acceptance: 1/13/2023
Project: Ashby Village Subdivision County: Lee
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 may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
8-di it HUC
Cape Fear 03030004 Riparian Wetland 0.451
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. Thank
you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Sydni Law, agent
D � 4 North Carolina Department of Environmental Quality Dlvl5Ion of Mitigation 5ervices
217 West Jones Street 1652 Mall Service Center Raleigh,North Carolina 27649 1652
919.707 8976

Nationwide Permit 29
Residential Developments
Effective Date: March 15, 2021 / Expiration Date: March 15, 2026
Authorities: Sections 10 and 404
Discharges of dredged or fill material into non-tidal waters of the United States for the
construction or expansion of a single residence, a multiple unit residential development,
or a residential subdivision. This NWP authorizes the construction of building
foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management
facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and
golf courses (provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of
the United States. This NWP does not authorize discharges of dredged or fill material
into non-tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters
of the United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities:
Sections 10 and 404)
GENERAL CONDITIONS
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions
have been imposed on an NWP. Prospective permittees should also contact the
appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/or Coastal Zone Management Act consistency for an
NWP. Every person who may wish to obtain permit authorization under one or more
NWPs, or who is currently relying on an existing or prior permit authorization under one
or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1
through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating
to the modification, suspension, or revocation of any NWP authorization.
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 or her 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).
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 Structures and Fills. Temporary structures must be
removed, to the maximum extent practicable, after their use has been discontinued.
Temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP
general conditions, as well as any activity-specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project.
The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the
National Wild and Scenic River System, or in a river officially designated by Congress
as a "study river" for possible inclusion in the system while the river is in an official study
status, unless the appropriate Federal agency with direct management responsibility for
3

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. Permittees shall not begin the NWP activity
until notified by the district engineer that the Federal agency with direct management
responsibility for that river has determined in writing that the proposed NWP activity will
not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River
or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service). Information on these rivers is also
available at: http://www.rivers.gov/.
17. Tribal Rights. No activity or its operation may impair reserved tribal rights,
including, but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endan Bred 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 designated critical habitat or critical habitat proposed for such designation. No
activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless ESA section 7 consultation addressing the consequences of the
proposed activity on listed species or critical habitat has been completed. See 50 CFR
402.02 for the definition of "effects of the action" for the purposes of ESA section 7
consultation, as well as 50 CFR 402.17, which provides further explanation under ESA
section 7 regarding "activities that are reasonably certain to occur" and "consequences
caused by the proposed action."
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA (see 33 CFR 330.4(f)(1)). 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 species proposed for listing) or designated critical
4

habitat (or critical habitat proposed such designation) might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat or critical
habitat proposed for such designation, 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 species proposed for listing) or designated critical
habitat (or critical habitat proposed for such designation), the pre-construction
notification must include the name(s) of the endangered or threatened species (or
species proposed for listing) that might be affected by the proposed activity or that
utilize the designated critical habitat (or critical habitat proposed for such designation)
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. For
activities where the non-Federal applicant has identified listed species (or species
proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation) 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 species proposed for
listing or designated critical habitat (or critical habitat proposed for such designation), or
until ESA section 7 consultation or conference 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 or conference 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
11

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 that an action authorized by an NWP complies with the Migratory Bird Treaty
Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for
contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine
what measures, if any, are necessary or appropriate to reduce adverse effects to
migratory birds or eagles, including whether "incidental take" permits are necessary and
available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act
for a particular activity.
20. Historic Properties. (a) No activity is authorized under any NWP which may have
the potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places 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 (see 33 CFR
330.4(g)(1)). 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,
6

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 commensurate with
potential impacts, which may include background research, consultation, oral history
interviews, sample field investigation, and/or 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.
(d) Where the non-Federal applicant has identified historic properties on which the
proposed NWP activity might have the potential to cause effects and has 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. 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. Permittees that
discover any previously unknown historic, cultural or archeological remains and artifacts
while accomplishing the activity authorized by an NWP, they must immediately notify
the district engineer of what they 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, 52,
57 and 58 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
by permittees in the designated critical resource waters including wetlands adjacent to
those waters. The district engineer may authorize activities under these NWPs only
after she or he determines that the impacts to the critical resource waters will be no
more than minimal.
23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the individual
and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre-construction notification, unless
8

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) Compensatory mitigation at a minimum one-for-one ratio will be required for all
losses of stream bed that exceed 3/100-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. This compensatory mitigation requirement may be
satisfied through the restoration or enhancement of riparian areas next to streams in
accordance with paragraph (e) of this general condition. For losses of stream bed of
3/100-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. 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. If restoring riparian areas
involves planting vegetation, only native species should be planted. The width of the
required riparian area will address documented water quality or aquatic habitat loss
concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake
or coastal waters, then restoring or maintaining/protecting a riparian area along a single
bank or shoreline may be sufficient. Where both wetlands and open waters exist on the
project site, the district engineer will determine the appropriate compensatory mitigation
(e.g., riparian areas and/or wetlands compensation) based on what is best for the
aquatic environment on a watershed basis. In cases where riparian areas are
determined to be the most appropriate form of minimization or compensatory mitigation,
the district engineer may waive or reduce the requirement to provide wetland
compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity
results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or
in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate
number and type of mitigation bank or in-lieu credits are not available at the time the
PCN is submitted to the district engineer, the district engineer may approve the use of
permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33
CFR 332.3(f).)
(3) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, aquatic resource restoration should be the first compensatory
mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee
is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan
may be used by the district engineer to make the decision on the NWP verification
request, but a final mitigation plan that addresses the applicable requirements of 33
CFR 332.4(c)(2) through (14) must be approved by the district engineer before the
permittee begins work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required compensatory mitigation (see 33
CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the
proposed compensatory mitigation site is located on land in which another federal
agency holds an easement, the district engineer will coordinate with that federal agency
to determine if proposed compensatory mitigation project is compatible with the terms of
the easement.
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the
mitigation plan needs to address only the baseline conditions at the impact site and the
number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)).
(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
0

provided that replaces or restores some of the lost waters. However, compensatory
mitigation can and should be used, as necessary, to ensure that an NWP activity
already meeting the established acreage limits also satisfies the no more than minimal
impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal,
the permittee must consider appropriate and practicable options consistent with the
framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine
resources, permittee-responsible mitigation may be environmentally preferable if there
are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party
or parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material
into waters of the United States that will convert a forested or scrub-shrub wetland to a
herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may
be required to reduce the adverse environmental effects of the activity to the no more
than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non-Federal applicants to
demonstrate that the structures comply with established state or federal, 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. (a) Where the certifying authority (state, authorized tribe, or EPA, as
appropriate) has not previously certified compliance of an NWP with CWA section 401,
a CWA section 401 water quality certification for the proposed discharge must be
obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the
conditions of a water quality certification previously issued by certifying authority for the
issuance of the NWP, then the permittee must obtain a water quality certification or
waiver for the proposed discharge in order for the activity to be authorized by an NWP.
(b) If the NWP activity requires pre-construction notification and the certifying authority
has not previously certified compliance of an NWP with CWA section 401, the proposed
discharge is not authorized by an NWP until water quality certification is obtained or
waived. If the certifying authority issues a water quality certification for the proposed
discharge, the permittee must submit a copy of the certification to the district engineer.
The discharge is not authorized by an NWP until the district engineer has notified the
permittee that the water quality certification requirement has been satisfied by the
issuance of a water quality certification or a waiver.
11

(c) The district engineer or certifying authority may require additional water quality
management measures to ensure that the authorized activity does not result in more
than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state
coastal zone management consistency concurrence must be obtained, or a
presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot
comply with all of the conditions of a coastal zone management consistency
concurrence previously issued by the state, then the permittee must obtain an individual
coastal zone management consistency concurrence or presumption of concurrence in
order for the activity to be authorized by an NWP. 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 CWA 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 authorized, subject to the following restrictions:
(a) If only one of the NWPs used to authorize the single and complete project has a
specified acreage limit, the acreage loss of waters of the United States cannot 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 O-acre.
(b) If one or more of the NWPs used to authorize the single and complete project has
specified acreage limits, the acreage loss of waters of the United States authorized by
those NWPs cannot exceed their respective specified acreage limits. For example, if a
commercial development is constructed under NWP 39, and the single and complete
project includes the filling of an upland ditch authorized by NWP 46, the maximum
acreage loss of waters of the United States for the commercial development under
NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States
due to the NWP 39 and 46 activities cannot exceed 1 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
12

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 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(I)(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 review by, or 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 (USAGE) federally authorized Civil Works project (a "USACE project"), the
prospective permittee must submit a pre-construction notification. See paragraph
13

(b)(10) of general condition 32. An activity that requires section 408 permission and/or
review is not authorized by an NWP until the appropriate Corps office issues the section
408 permission or completes its review 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 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. 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;
14

(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) (i) 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.
(ii) For linear projects where one or more single and complete crossings require pre-
construction notification, 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 (including
those single and complete crossings authorized by an NWP but do not require PCNs).
This information will be used by the district engineer to evaluate the cumulative adverse
environmental effects of the proposed linear project, and does not change those non-
PCN NWP activities into NWP PCNs.
(iii) 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 and intermittent 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 or
3/100-acre of stream bed 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 species proposed for listing) or
designated critical habitat (or critical habitat proposed for such designation) might be
affected or is in the vicinity of the activity, or if the activity is located in designated critical
habitat (or critical habitat proposed for such designation), the PCN must include the
name(s) of those endangered or threatened species (or species proposed for listing)
that might be affected by the proposed activity or utilize the designated critical habitat
(or critical habitat proposed for such designation) 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 NWP activity that requires permission from, or review by, 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, or review by, the Corps
office having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The nationwide permit pre-construction
notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing
the required information may also be used. Applicants may provide electronic files of
PCNs and supporting materials if the district engineer has established tools and
procedures for electronic submittals.
16

(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 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 (iii) 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 that 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.
17

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 single and complete crossings of
waters of the United States that require PCNs 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 of waters of the United States authorized by an NWP. If an
applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, 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.
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 an 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 or 3/100-acre of stream bed, 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. 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
18

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 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 that 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), 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 practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality
resulting from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of
aquatic resources for the purposes of offsetting unavoidable adverse impacts which
remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as
to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material into
waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian
area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat
type or a riparian area type that currently exists in the region where the proposed NWP
27 activity is located. Alternatively, an ecological reference may be based on a
conceptual model for the aquatic habitat type or riparian area type to be restored,
enhanced, or established as a result of the proposed NWP 27 activity. An ecological
reference takes into account the range of variation of the aquatic habitat type or riparian
area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics
of an aquatic resource to heighten, intensify, or improve a specific aquatic resource
function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does
not result in a gain in aquatic resource area.
�o

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
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.
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. The loss of stream bed includes the acres of stream bed that are permanently
adversely affected by filling or excavation 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 or wetlands 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. Waters of the United States temporarily filled, flooded,
21

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: The term ordinary high water mark means that line on the
shore established by the fluctuations of water and indicated by physical characteristics
such as a clear, natural line impressed on the bank, shelving, changes in the character
of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has surface water flowing continuously year-
round during a typical year.
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.

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.)
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 334.2(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:ems: 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 jurisdictional 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 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.
24

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 "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)),
REGIONAL CONDITIONS:
The following Regional Conditions have been approved by the Wilmington District for
the Nationwide Permits (NWPs) published in the January 13, 2021, Federal Register
(86 FR 2744) announcing the reissuance of 12 existing (NWPs) and four new NWPs, as
well as the reissuance of NWP general conditions and definitions with some
modifications.
A.EXCLUDED WATERS AND/OR AREAS
The Corps has identified waters that will be excluded from the use of all NWP's during
certain timeframes. These waters are:
1. Anadromous Fish Spawning Areas. Work in waters of the U.S. designated by
either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina
Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are
prohibited from February 15th through June 30th, without prior written approval from the
Corps and the appropriate wildlife agencies (NCDMF, NCWRC and/or the National
Marine Fisheries Service (NMFS)). Work in waters of the U.S. designated by NCWRC
as primary nursery areas in inland waters are prohibited from February 15th through
September 30th, without prior written approval from the Corps and the appropriate
wildlife agencies. Work in waters of the U.S. designated by NCDMF as primary nursery
areas shall be coordinated with NCDMF prior to being authorized by this NWP.
Coordination with NCDMF may result in a required construction moratorium during
periods of significant biological productivity or critical life stages.
2. Trout Waters Moratorium. Work in waters of the U.S. in the designated trout
watersheds of North Carolina are prohibited from October 15th through April 15th
25

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 C.3. above for information on the designated trout
watersheds).
3. Sturgeon Spawning Areas. No in-water work shall be conducted in waters of the
U.S. designated by the National Marine Fisheries Service as Atlantic sturgeon critical
habitat from February 1 st through June 30th. No in-water work shall be conducted in
waters of the U.S. in the Roanoke River designated as Atlantic sturgeon critical habitat
from February 1 st through June 30th, and August 1 st through October 31 st, without
prior written approval from NMFS.
4. Submerged Aquatic Vegetation. Impacts to Submerged Aquatic Vegetation (SAV)
are not authorized by any NWP, except NWP 48, NWP 55 and NWP 56, unless
Essential Fish Habitat (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 verified.
B. REGIONAL CONDITIONS APPLICABLE TO ALL NWP's
1 . Critical Habitat in Western NC. For proposed activities within waters of the U.S. that
require a Pre-Construction Notification (PCN) and are located in the thirteen 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 and the Corps
Asheville Regulatory Field Office. Please see General Condition 18 for specific PCN
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, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, 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 (Endangered Species) requirements:
htt ://www.saw.usace.arm .mil/Missions/Re ulato PermitPro ram/A enc Coordinatio
n/ESA.aspx.
Permittees who do not have internet access may contact the appropriate U.S. Fish and
Wildlife Service offices listed below or Corps at [phone].
26

Below is a map of the USFWS Field Office Boundaries:
\Ville Fi lce Raligiglsfl8td officeAN
work area `
�--�
-fouHran Ones J � � ✓
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
Raleigh, NC 27636-3726
Telephone: [phone]
2. Special Designation Waters. Prior to the use of any NWP 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 PCN requirements are:
"Primary Nursery Areas" (PNA), including inland PNA, as designated by the North
Carolina Marine Fisheries Commission and/or the North Carolina Wildlife Resources
Commission. The definition of and designated PNA waters can be found in the North
Carolina State Administrative Code at Title 15A, Subchapters 3R and 10C (15A NCAC
27

0313 .0103; 15A NCAC 10C .0502; and 15A NCAC 10C .0503) and at the following web
pages:
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20 ualit /cha ter%2003%20-
%20marine%20fisheries/subchapter%20r/15a%20ncac%2003r%20.0103.pdf
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20 ualit /cha ter%2010%20-
%20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20
ncac%2010c%20.0502.pdf
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2010%20-
%20wildlife%20resources%20and%20water°/o20safet /subcha ter%20c/15a%20
ncac%2010c%20.0503.pdf
3. 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. The permittee shall also provide a copy of the PCN 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.
NCWRC and NC Trout Watersheds:
NCWRC Counties that are entirely Counties that are
Contact** within Trout Watersheds* partially within Trout
Watersheds*
Mountain Alleghany Jackson Burke McDowell
Coordinator Ashe Macon Buncombe Mitchell
645 Fish Avery Swain Caldwell Polk
Hatchery Graham Transylvania Cherokee Rutherford
Rd., Building Haywood Watauga Clay Surry
B ! Henderson Wilkes
Marion, NC Madison Yancey
28752
828-803-
6054
I
For NCDOT
Projects:
f NCDOT
Coordinator
28

12275 Swift
Rd.
Oakboro,
NC 28129
704-984-
1070
EBCI Counties that are within
Contact** Trout Watersheds*
Office of Qualla Boundary and non-
Natural contiguous tracts of trust
Resources land located in portions of
P.O. Box 1747, Swain, Jackson, Haywood,
Cherokee, NC Graham and Cherokee
28719 Counties.
[phone]
*NOTE: To determine PCN requirements, contact the Corps Asheville Regulatory
Field Office at [phone] or view maps showing trout watersheds in each
County at the following webpage:
htt ://www.saw.usace.arm .mil/Missions/Re ulato -Permit-Pro ram/A enc -
Coordination/Trout/.
**If a project is located on EBCI trust land, submit the PCN in accordance with
Regional Condition C.16. Contact the Corps Asheville Regulatory Field Office at
[phone] with questions.
4. 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
U.S. 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
2`.3

Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
lotla 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 PCN requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following webpage:
http://www.saw.usace.army,mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/Designated-Special-Waters.aWx .
5. Limitation of Loss of Stream Bed. NWPs may not be used for activities that may
result in the loss of more than 0.05 acres of stream bed, except for NWP 32.
6. Pre-Construction Notification for Loss of Stream Bed Exceeding 0.02 acres.
The permittee shall submit a PCN to the District Engineer prior to commencing the
activity (see General Condition 32) prior to the use of any NWP for any activity that
results in the loss of more than 0.02 acres of stream bed. This applies to NWPs that do
not have PCN requirements as well as those NWPs that require a PCN.
7. Mitigation for Loss of Stream Bed. For any NWP that results in a loss of more than
0.02 acres of stream bed, the permittee shall provide a mitigation proposal to
compensate for more than minimal individual and cumulative adverse impacts to the
aquatic environment, unless the District Engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate or the adverse
30

effects of the proposed activity are minimal. For stream bed losses of 0.02 acres 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.
8. Riprap. For all NWPs that allow for the use of riprap material for bank stabilization,
the following conditions shall be applied:
a. 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 must be requested in writing.
b. Riprap shall 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.
9. Culvert Placement. For all NWPs that allow for culvert placement, the following
conditions shall be applied:
a. For all NWPs that involve the construction/installation of culverts, measures shall be
included in the construction/installation that will promote the safe passage of fish and
other aquatic organisms
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. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
Culvert burial is not required for structures less than 72 inch diameter/width, where the
slope of the culvert will be greater than 2.5%, 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, sills, baffles etc.). Culvert
burial is not required when bedrock is present in culvert locations.
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.

Circular
Cu verl_� {
i Ill
Rise
Streambed (Diameter)
Material
12 Inches
—invert
A waiver from the depth specifications in this condition may be requested, in writing, by
the permittee and issued by the Corp. This waiver 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. 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.
b. 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 HU
Roadway
Culvert buried
$ankffin below streambed
- - - - - do appropriate
depth(if required).
Baffle/ Stream
Blockage Bottom
c. 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. If the width of the culvert is wider than the stream
channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are
used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes
shall be installed such that they receive only flows above bankfull.
321

10. Utility Lines. For all NWPs that allow for the construction and installation of utility
lines, the following conditions shall be applied:
a. Utility lines consisting of aerial electric power transmission lines crossing navigable
waters of the U.S. (which are defined at 33 CFR part 329) must comply with the
applicable minimum clearances specified in 33 CFR 322.5(i).
b. 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 PCN package.
c. 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, as
appropriate, with species of canopy, shrub, and herbaceous species. The permittee
shall not use fescue grass or any other species identified as invasive or exotic species
by the NC Native Plant Society (NCNPS): https://ncwildflower.org/invasive-exotic-
species-list/.
d. Any permanently maintained corridor along the utility right of way within forested
wetlands shall be considered a loss of aquatic function. A compensatory mitigation plan
will be required for all such impacts associated with the requested activity if the activity
requires a PCN and the cumulative total of permanent conversion of forested wetlands
exceeds 0.1 acres, 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.
Where permanently maintained corridor within forested wetlands is 0.1 acres 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.
e. When directional boring or horizontal directional drilling (HDD) under waters of the
U.S., including wetlands, permittees shall closely monitor the project for hydraulic
fracturing or "fracking." Any discharge from hydraulic fracturing or "fracking" into waters
of the U.S., 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.
11. Temporary Access Fills. 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 0.1 acres of wetlands or 0.02 acres of stream channel for the
construction of temporary access fills and/or temporary road crossings. The PCN must
33

include a restoration plan that thoroughly describes how all temporary fills will be
removed, how pre-project conditions will be restored, and include a timetable for all
restoration activities.
12. Federal Navigation Channel Setbacks. Authorized structures and fills located in or
adjacent to Federally authorized waterways must be constructed in accordance with the
latest setback criteria established by the Wilmington District Engineer. You may review
the setback policy at
htt ://www.saw.usace.arm .mil/Missions/Navi ation/Setbacks.as x. 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 to
obtain a written verification prior to the construction of any structures or fills within the
Federally Authorized Channel Setback.
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 regard 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 U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A permittee using an 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:
34

• 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:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a PCN to the District Engineer, and receive written
verification from the District Engineer, prior to commencing the activity, if the activity will
involve gany of the following:
• tree clearing/removal and/or, 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;
. located in a red HUC, but the activity will NOT include tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, and/or; ODY-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
i5

proceed without PCN 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:
htt ://www.saw.usace.arm .mil/Missions/Re ulato -Permit-Pro ram/A enc -
Coordination/ESA/. Permittees who do not have internet access may contact the
USACE at [phone].
14. West Indian Manatee Protection. In order to protect the endangered West Indian
manatee (Trichechus manafus) the Permittee shall implement the USFWS' Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found
at https://www,fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pd .
15. ESA Programmatic Biological Opinions. The Wilmington District, USFWS,
NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for
a number of federally listed species and designated critical habitat (DCH), and
programmatic consultation concerning other federally listed species and/or DCH may
occur in the future. The result of completed programmatic consultation is a
Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain
mandatory terms and conditions to implement the reasonable and prudent measures
that are associated with "incidental take" of whichever species or critical habitat is
covered by a specific PBO. Authorization under NWPs is conditional upon the
permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
the NWPs. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under the NWPs. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these
requirements in any NWP verification that may be issued for a project. For an
activity/project that does not require a PCN, the terms and conditions of the applicable
PBO(s) also apply to that non-notifying activity/project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO and the
ESA. All PBOs can be found on our website at:
htt s://www.saw.usace.arm .mil/Missions/Re ulato -Permit-Pro ram/A enc -
Coordination/ESA/.
16. Work on Eastern Band of Cherokee Land.
Notifying NWPs - All PCNs submitted for activities in waters of the U.S. on Eastern
Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-
contiguous tracts of trust land located in portions of Swain, Jackson, Haywood,
Graham and Cherokee Counties), must comply with the requirements of the latest
MOU between the Wilmington District and the EBCI.
Non-notifying - Prior to the use of any non-notifying NWP for activities in
3F

waters of the U.S. on EBCI trust land (i.e., Qualla Boundary and non-contiguous
tracts of trust land located in portions of Swain, Jackson, Haywood, Graham and
Cherokee Counties), all prospective permittees must comply with the requirements of
the latest MOU between the Wilmington District and the EBCI; this includes
coordinating the proposed project with the EBCI Natural Resources Program and
obtaining a Tribal Approval Letter from the Tribe.
The EBCI MOU can be found at the following URL: http://saw-
reg.usace.army.mil/FO/Final-MOU-EBCI-USACE.pdf
17. 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 U.S. The structures and
measures should be depicted on maps, surveys or drawings showing location and
impacts to jurisdictional wetlands and streams.
C. REGIONAL CONDITIONS APPLICABLE TO NWP 29
a. Discharges in streams and wetlands for stormwater management facilities are
prohibited under this NWP.
b. Discharges of dredged or fill material into waters of the U.S., including wetlands,
within the floodway* or mapped FEMA 100-year floodplain resulting in permanent
above-grade fills are not authorized by this NWP.
* NOTE: Floodway means the area designated and/or regulated by Federal, State, or
local requirements to provide for the discharge of the base flood so the cumulative
increase in water surface elevation is no more than a designated height identified by the
regulating entity within the 100-year floodplain.
D.SECTION 401 WATER QUALITY CERTIFICATION (WQC) AND/OR COASTAL
ZONE MANAGEMENT ACT (CZMA) CONSISTENCY DETERMINATION SUMMARY
AND APPLICABLE CONDITIONS
The CZMA Consistency Determination and all Water Quality Certifications for the NWPs
can be found at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Permits/2017-Nationwide-Permits/
37

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Ashby Village, LLC,Josh Howard Action ID: SAW-2021-00602
Project Name:Ashby Village subdivision County:Lee
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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether 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 ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the 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 I Non-Riparian Coastal
0.466
*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 HtIC and Basin:03030004,Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation(credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
0.829
Mitigation Site Debited: NCDMS
(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 Wilmington
District,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:
1'wc I of 2 Furm Version 10 June 2020 undated

CESAW-RG (File Number, SAW-2021-00602)
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 District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District
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 District, the Sponsor must obtain case-by-case approval from the District 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 District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:A letter from NCDMS confirming they are willinp,and able to accept the applicant's
compensatory mitigation responsibility, dated 4/22/2022 was included with the preconstruction notification.
This form is not valid unless signed below by the District 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: I) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office,3331 Heritage Trade Drive,Suite 105, Wake Forest,NC 27587(or by email to SAWMITCwusace.arm y.mi!).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
u-rn.co �✓
07 12 2022
USACE Project Manager Signature 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.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00602 County: Lee U.S.G.S.Quad: NC-Sanford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ashby Village,LLC
Josh Howard
Address: 5 Century Drive suite 210
Greenville,NC 29607
Telephone Number: 864-238-0776
E-mail: [e-mail],
Size(acres) 143 Nearest Town Sanford
Nearest Waterway Carrs Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude:35.4526
Longitude:-79.1299
Location description: The project site is approximately 143 acres located ad'acent to Rosser Road and bisected by Ashby
Village Parkway,in the city of Sanford,Lee County,North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of till material into 0.363 acre of
wedandst0.015_acre 83 LF)of stream channel,the permanent conversion of 0.103 acre of wetlands,as well as temporary
impacts to 0.088 acre of wetlands,and 0.016 acre(83 LF)of stream channel for the construction of the Ashby Village
residential subdivision. Mitigation is required for this proposal.
Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: Nationwide Permit 29
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 4/22/2022, and the enclosed plans entitled "Ashby Village-subdivision" dated
2/3/2022.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general
permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit,activities which have commenced(i.e., arc under construction)or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration,modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify,suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources(telephone [phone])to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City,NC,at(252)808-2809.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program,please contact James Lastin er at 919- 54-4884 ext 32or James.C.Lastinizer usace.army.mil.
Corps Regulatory Official: �Y't� Date: 07/12/2022
Expiration Date of Verification: 3/15/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http: .'corpsmapu.usace.army.mil/cm apex/Pp-136:4:0
Copy furnished:
Agent: Timmons Group
Sydni Law
Address: 5410 Trinity Road,suite_ 102
Raleigh,NC 27577
Telephone Number: 919-532-3261
E-mail: ydni,lawatimmons.com

SAW-2021-00602
SPECIAL CONDITIONS
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.

Action ID Number: SAW-2021-00602 County: Lee
Permittee: Ashby Village LLC.Josh Howard
Project Name: Ashb Village subdivision
Date Verification Issued: 07/12/2022
Project Manager: James Lastinaer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

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From: Simpson, Richard
To: Wild,Elaine
Subject: Fw: [External]RE:Ashby Village Subdivision Additional Information Request
Date: Tuesday,January 9,2024 8:36:47 AM
Attachments: imaae001.ona
0145609 USGS Map-NC Sanford 20220825 TM revised.pdf
From: Sondra Janssen <[e-mail]>
Sent: Friday, January 5, 2024 11:12 AM
To: Simpson, Richard <[e-mail]>
Cc: Allison Stone<[e-mail]>; [e-mail]
<[e-mail]>
Subject: [External] RE: Ashby Village Subdivision Additional Information Request
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Good Morning Richard,
Thank you for the review and comment highlighted below in yellow.
Please find attached an updated USGS map revised to show the requested information.
Hopeful that the pdf attachment is acceptable.
If digital resubmit isn't preferred and we need to mail one in, please let me know.
Kind Regards,
Sondra Janssen
Project Manager
TIMMONS GROUP I http://www.timmons.com
5410 Trinity Rd., Suite 102 1 Raleigh, NC 27607
Office: 919.532.3237 1 Fax: [phone]
Mobile: [phone] sondra.janssen&timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here
From: Simpson, Richard <richard.simpson(@deq.nc.gov>
Sent:Thursday,January 4, 2024 8:55 AM
To: Allison Stone<allison.stone(@timmons.com>; paul.weeks(@sanfordnc.net
Cc: Simpson, Richard <[e-mail]>
Subject:Ashby Village Subdivision Additional Information Request

CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Allison,
After reviewing the Fast Track Sewer System Extension Application for Ashby Village Subdivision
(Application Number WQ0044950), additional information is required in order to further process the
application. Please provide the following information by February 3, 2024, and note that the
requested information must be submitted within 30 days of this request, or the applicant will be
required to submit a new application and application fee in accordance with 15A NCAC 02T .0107.
1-Topographical map and/or the aerial map provided are not sufficient. According to Section F of
the Application Instructions, an 8.5-inch x 11-inch color copy of a USGS Topographic Map needs to
clearly identify the project area, including the closest surface waters, general location of the gravity
sewer, pumpstations, and force mains, and the downstream connection points for the receiving
sewer.
15A NCAC 02T.0107 Staff Review and Permit Preparation states:
• "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be
advised how the application or accompanying supporting information may be modified to
make it complete. The staff shall advise the applicant:
(2) if all required information is not submitted within 30 days, the project will be
returned as incomplete. Any resubmittal of a returned application shall be accompanied
with a new application fee."
Please contact me with any questions that you may have regarding this request.
*Please note that the fee for fast track sewer extension permits has increased to$600 as of
October 3, 2023[as stipulated in the 2023 House Appropriations Act, House Bill 259, Water
Quality and Storm water Fees, Section 12.14(a)].
Sincerely,
Richard
Environmental Engineer
Division of Water Resources- Raleigh Regional Office
North Carolina Department of Environmental Quality
919.791.4239 Office
richard.simpsonPdeq.nc.gov

Lmail correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Sewer Extension Permitting NC DEQ
subchapter t rules.pdf(state.nc.us)
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

1/10/24, 12:11 PM [External]RE:Ashby Village Subdivision Additional Information Request-Simpson, Richard-Outlook
[External] RE: Ashby Village Subdivision Additional Information Request
Sondra Janssen <[e-mail]>
Fri 1/5/2024 11:14 AM
To:Simpson, Richard <[e-mail]>
Cc:Allison Stone <[e-mail]>;[e-mail] <[e-mail]>
1 1 attachments(1 MB)
01 45609 USGS Map - NC_Sanford_20220825_TM revised.pdf,
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report
Message button located on your Outlook menu bar on the Home tab.
Good Morning Richard,
Thank you for the review and comment highlighted below in yellow.
Please find attached an updated USGS map revised to show the requested information.
Hopeful that the pdf attachment is acceptable.
If digital resubmit isn't preferred and we need to mail one in, please let me know.
Kind Regards,
Sondra Janssen
Project Manager
TIMMONS GROUP I http://www.timmons.com
5410 Trinity Rd., Suite 102 1 Raleigh, NC 27607
Office: 919.532.3237 1 Fax: [phone]
Mobile: [phone] [e-mail]
Your Vision Achieved Through Ours
To send me files greater than 20MB click here
From: Simpson, Richard <richard.simpson deq.nc.gov>
Sent:Thursday,January 4, 2024 8:55 AM
To:Allison Stone<[e-mail]>; [e-mail]
Cc:Simpson, Richard <[e-mail]>
Subject:Ashby Village Subdivision Additional Information Request
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Allison,
After reviewing the Fast Track Sewer System Extension Application for Ashby Village Subdivision (Application
Number WQ0044950), additional information is required in order to further process the application. Please
provide the following information by February 3, 2024, and note that the requested information must be
submitted within 30 days of this request, or the applicant will be required to submit a new application and
application fee in accordance with 15A NCAC 02T.0107.
about:blank 1/2

1/10/24, 12:11 PM [External]RE:Ashby Village Subdivision Additional Information Request-Simpson, Richard-Outlook
1 -Topographical map and/or the aerial map provided are not sufficient. According to Section F of the Application
Instructions, an 8.5-inch x 11-inch color copy of a USGS Topographic Map needs to clearly identify the project
area, including the closest surface waters, general location of the gravity sewer, pumpstations, and force mains,
and the downstream connection points for the receiving sewer.
15A NCAC 02T.0107 Staff Review and Permit Preparation states:
• "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be advised how
the application or accompanying supporting information may be modified to make it complete.The staff
shall advise the applicant:
(2) if all required information is not submitted within 30 days,the project will be returned as
incomplete.Any resubmittal of a returned application shall be accompanied with a new application
fee"
Please contact me with any questions that you may have regarding this request.
*Please note that the fee for fast track sewer extension permits has increased to$600 as of October 3,2023[as
stipulated in the 2023 House Appropriations Act, House Bill 259, Water Quality and Stormwater Fees,Section
12.14(a)].
Sincerely,
Richard
Environmental Engineer
Division of Water Resources- Raleigh Regional Office
North Carolina Department of Environmental Quality
919.791.4239 Office
[e-mail]
D_ "A
E Q��
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Sewer Extension Permitting-I NC DEQ
subchapter t rules.pdf(state.nc.us),
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an
authorized state official.
about:blank 2/2